InfraBuild NSW Pty Ltd

[2022] FWCA 3834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InfraBuild NSW Pty Ltd

(AG2022/4446)

InfraBuild Steel Sydney Steel Mill Enterprise Agreement 2022 – 2026

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 1 NOVEMBER 2022

Application for approval of the lnfraBuild Steel Sydney Steel Mill Enterprise Agreement 2022 - 2026

InfraBuild NSW Pty Ltd has applied for approval of a single enterprise agreement known as the lnfraBuild Steel Sydney Steel Mill Enterprise Agreement 2022 - 2026 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 8 November 2022. The nominal expiry date of the Agreement is 31 August 2026.

The Agreement covers The Australian Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

InfraBuild NSW Pty Ltd sought approval of the InfraBuild Steel Sydney Steel Mill Enterprise Agreement 2022-2026, which was set to govern the employment conditions of workers within the steel mill. The applicant argued that the agreement met the necessary requirements under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees and the broader public, and if it adhered to the procedural and substantive requirements outlined in the Act.

The primary legal issues the Commission had to address were whether the agreement was genuinely an enterprise agreement, whether it complied with procedural fairness, and if it was in the best interests of the employees and the public. InfraBuild NSW Pty Ltd contended that the agreement was properly negotiated, and the employees had been given adequate opportunity to express their views. The Commission needed to scrutinise these claims, along with the fairness of the terms and conditions proposed in the agreement.

After reviewing the evidence and submissions, the Commission found that the agreement was genuinely an enterprise agreement negotiated in good faith, and the process had been conducted fairly and efficiently. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, and were in the best interests of the employees and the public. Consequently, the Commission approved the InfraBuild Steel Sydney Steel Mill Enterprise Agreement 2022-2026. The decision emphasised the importance of ensuring that enterprise agreements are negotiated fairly and provide fair and reasonable terms and conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established