i4 Design and Construction Pty Ltd

[2022] FWCA 1862

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

i4 Design and Construction Pty Ltd

(AG2022/1593)

I4 Design and Construction Pty Ltd Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 7 JUNE 2022

Application for approval of the i4 Design and Construction Pty Ltd Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the i4 Design and Construction Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by i4 Design and Construction Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met.

The Agreement is approved and in accordance with s.54, will operate from 14 June 2022. The nominal expiry date of the Agreement is 6 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, i4 Design and Construction Pty Ltd, sought approval of the i4 Design and Construction Pty Ltd Enterprise Agreement 2021. The applicant is an engineering and construction company, while the respondents were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and the United Workers Union (UWU). The dispute involved the terms and conditions of employment for workers in the engineering and construction industry.

The main legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement had been fairly negotiated and contained the minimum terms and conditions required by law. The Commission also needed to consider whether the agreement would provide for a fair and efficient workplace and promote high-quality jobs.

The Commission found that the agreement had been fairly negotiated and contained the minimum terms and conditions required by law. The agreement provided for a fair and efficient workplace and promoted high-quality jobs. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included changes to the provisions relating to casual loading, shift differentials, and overtime. The Commission also made a declaration that the agreement would apply to all employees of the applicant who were not already covered by another enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established