Infra Tech Pty Ltd Summary

[2013] FWCA 7885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infra Tech Pty Ltd
(AG2013/10582)

INFRA TECH PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 OCTOBER 2013

Application for approval of the Infra Tech Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Infra Tech Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years and six months from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Infra Tech Pty Ltd applied for the Fair Work Commission to approve the Infra Tech Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The application was brought in accordance with section 236 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the agreement was appropriate for registration. In particular, the Commission was required to consider whether the agreement covered a broad section of the workforce and if it was of public benefit.

The Commission found that the agreement was appropriate for registration. The application for approval was accepted because the agreement covered a broad section of the workforce and was of public benefit. It was noted that the agreement had been negotiated in good faith and was in accordance with the provisions of the Fair Work Act. The Commission was satisfied that the agreement provided a fair and reasonable outcome for all parties involved.

The Commission found that the agreement was appropriate for registration. The application for approval was accepted because the agreement covered a broad section of the workforce and was of public benefit. It was noted that the agreement had been negotiated in good faith and was in accordance with the provisions of the Fair Work Act. The Commission was satisfied that the agreement provided a fair and reasonable outcome for all parties involved.

The Commission approved the Infra Tech Pty Ltd Roy Hill AWU Greenfields Agreement 2013. The agreement was registered with the Fair Work Commission on the date of the decision.

Infra Tech Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established