DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

InfraBuild (Newcastle) Pty Ltd T/A Liberty Rod and Bar
(AG2019/2820)

LIBERTY CONTI-STRETCH ENTERPRISE AGREEMENT 2018 - 2021

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 16 SEPTEMBER 2019

Application for approval of the Liberty Conti-Stretch Enterprise Agreement 2018 -2021.

[1] An application has been made for approval of an enterprise agreement known as the Liberty Conti-Stretch Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InfraBuild (Newcastle) Pty Ltd T/A Liberty Rod and Bar. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2019. The nominal expiry date of the Agreement is 31 August 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InfraBuild (Newcastle) Pty Ltd, trading as Liberty Rod and Bar, applied to the Fair Work Commission for approval of the Liberty Conti-Stretch Enterprise Agreement 2018-2021. The dispute involved the terms and conditions of employment for employees under the proposed agreement, and the need to ensure the agreement complied with the relevant legislative framework, including the Fair Work Act 2009.

The central legal issues before the court were whether the proposed enterprise agreement met the procedural requirements for registration under the Fair Work Act, and whether the terms of the agreement were procedurally and substantively fair. The court had to determine if the agreement was genuinely negotiated and if it complied with the mandatory provisions set out in the Fair Work Regulations. Additionally, the court examined if the agreement provided adequate protection for employees’ rights and interests.

The Fair Work Commission found that the application met the necessary procedural requirements. The commission noted that the agreement was the result of genuine bargaining between the employer and the employee representatives. It was also determined that the agreement contained all the mandatory terms and conditions prescribed by the Fair Work Regulations. The court was satisfied that the agreement was fair and reasonable, providing adequate protections for the employees, and did not disadvantage any party unduly. As a result, the commission approved the application and registered the Liberty Conti-Stretch Enterprise Agreement 2018-2021.

The final orders of the commission included the registration of the agreement, effective from the date of the decision. The agreement was to apply to the employees covered by the application, and the terms and conditions set out in the agreement were to govern the employment relationship between the employer and the employees during the specified period.

InfraBuild (Newcastle) Pty Ltd T/A Liberty Rod and Bar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established