Infrabuild (Newcastle) Pty Ltd T/A Infrabuild Steel Conti-Stretch

[2021] FWCA 6095

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infrabuild (Newcastle) Pty Ltd T/A Infrabuild Steel Conti-Stretch
(AG2021/7562)

INFRABUILD STEEL CONTI-STRETCH ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 OCTOBER 2021

Application for approval of the InfraBuild Steel Conti-Stretch Enterprise Agreement 2021 – 2024.

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Steel Conti-Stretch Enterprise Agreement 2021 - 2024. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

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

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 October 2021. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Infrabuild (Newcastle) Pty Ltd trading as Infrabuild Steel Conti-Stretch, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the application for approval of the InfraBuild Steel Conti-Stretch Enterprise Agreement 2021-2024. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was genuinely bargained for between the parties, and whether it complied with the procedural and substantive fairness requirements set out in the Fair Work Act. The Commission had to consider whether the agreement was made without coercion or undue influence, and whether it contained terms that were fair and reasonable in all the circumstances. Additionally, the Commission examined whether the agreement adequately covered the employees and whether the bargaining process was conducted in good faith.

The Commission found that the agreement was genuinely negotiated between the parties, and that it did not contain any terms that were unfair or unreasonable. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it adequately covered the employees. The Commission was satisfied that the bargaining process was conducted in good faith, and that the agreement was made without any coercion or undue influence. Accordingly, the Commission approved the InfraBuild Steel Conti-Stretch Enterprise Agreement 2021-2024.

The Commission ordered that the InfraBuild Steel Conti-Stretch Enterprise Agreement 2021-2024 be approved as a registered agreement under the Fair Work Act. The agreement is to be registered by the Registrar of the Fair Work Commission, and will be in effect from the date of registration until 30 June 2024, unless terminated earlier in accordance with its provisions. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the agreement, rather than the applicable awards or other industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established