Infrabuild Trading Pty Ltd T/A Infrabuild Steel Centre Summary

[2021] FWCA 6383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infrabuild Trading Pty Ltd T/A Infrabuild Steel Centre
(AG2021/7586)

INFRABUILD STEEL CENTRE NATIONAL ENTERPRISE AGREEMENT 2021 - 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 22 OCTOBER 2021

Application for approval of the Infrabuild Steel Centre National Enterprise Agreement 2021 - 2025

[1] Infrabuild Trading Pty Ltd T/A Infrabuild Steel Centre (the Employer) has made an application for approval of an enterprise agreement known as the Infrabuild Steel Centre National Enterprise Agreement 2021 - 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The United Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 October 2021 and, in accordance with s 54, will operate from 29 October 2021. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Infrabuild Trading Pty Ltd, trading as Infrabuild Steel Centre, sought the Fair Work Commission's approval for the Infrabuild Steel Centre National Enterprise Agreement 2021-2025. The application arose from negotiations between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was fairly and reasonably negotiated, and if it provided for the minimum terms and conditions of employment as stipulated by the Act. The Commission also needed to consider whether the agreement was in the interests of the employees and whether it was consistent with the principles of the National Workplace Relations System.

In its decision, the Commission found that the agreement was fairly and reasonably negotiated and contained provisions that aligned with the minimum terms and conditions required by the Act. The Commission was satisfied that the agreement was in the interests of the employees and did not undermine the principles of the National Workplace Relations System. The Commission noted that the agreement provided for appropriate mechanisms for resolving disputes and included provisions for the protection of employee rights. Based on these findings, the Commission approved the Infrabuild Steel Centre National Enterprise Agreement 2021-2025.

The Commission's final orders included the approval of the Infrabuild Steel Centre National Enterprise Agreement 2021-2025, effective from 1 July 2021. The agreement was to apply to all employees of Infrabuild Trading Pty Ltd who were covered by the agreement's definition of "employee". The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the approved agreement be provided to the employer and the union. The Commission's decision provided certainty and stability for both the employer and the employees, ensuring that the agreement would operate for the specified period and in accordance with the Fair Work Act.

Infrabuild Trading Pty Ltd T/A Infrabuild Steel Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established