DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Mesh
(AG2021/6070)

INFRABUILD MESH NATIONAL ENTERPRISE AGREEMENT 2021 - 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 20 JULY 2021

Application for approval of the Infrabuild Mesh National Enterprise Agreement 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the Infrabuild Mesh National Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Mesh (the Applicant). The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement

[4] I observe that the provisions at clauses 13.5, 14.6, 18.3, 18.7 and 18.8 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement lodged contained a cross referencing error at clause 14.1(a). The Applicant sought to correct the error and filed an amended Agreement page. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notices under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, InfraBuild Construction Solutions Pty Ltd trading as InfraBuild Mesh, applied for the Fair Work Commission's approval of the Infrabuild Mesh National Enterprise Agreement 2021-2025. The agreement was submitted for approval under section 231 of the Fair Work Act 2009, and the applicant sought to have it registered on the Register of Approved Agreements. The application involved the classification of employees and the terms and conditions of their employment, which included wages, hours of work, and other employment conditions.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act, specifically if it provided for the fair and reasonable terms and conditions of employment and if it was appropriately negotiated and made without coercion. The applicant argued that the agreement was the product of genuine and voluntary negotiations and that it provided for fair and reasonable terms and conditions of employment. The applicant also submitted that the agreement met the requirements of the Fair Work Act, including the provisions for employee representation and consultation.

In considering the application, the court examined the evidence and submissions provided by the parties. The court found that the agreement was the product of genuine and voluntary negotiations and that it provided for fair and reasonable terms and conditions of employment. The court was satisfied that the agreement met the requirements of the Fair Work Act, including the provisions for employee representation and consultation. The court approved the agreement and ordered that it be registered on the Register of Approved Agreements.

This decision provides guidance to employers and employees on the requirements for negotiating and making a national enterprise agreement. It confirms that the Fair Work Commission will consider the evidence and submissions provided by the parties when deciding whether to approve an agreement. Employers and employees should ensure that they comply with the requirements of the Fair Work Act when negotiating and making an agreement.

InfraBuild Construction Solutions Pty Ltd T/A InfraBuild Mesh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established