InfraBuild Wire Pty Limited

[2021] FWCA 5928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InfraBuild Wire Pty Limited
(AG2021/7301)

INFRABUILD WIRE JINDERA WIRE MILL ENTERPRISE AGREEMENT 2021 - 2024

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 22 SEPTEMBER 2021

Application for approval of the InfraBuild Wire Jindera Wire Mill Enterprise Agreement 2021 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Wire Jindera Wire Mill Enterprise Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InfraBuild Wire Pty Limited. 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 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

InfraBuild Wire Pty Limited applied to the Fair Work Commission for the approval of the InfraBuild Wire Mill Enterprise Agreement 2021 - 2024, which sought to establish terms and conditions for its employees. The dispute centred around whether the agreement complied with relevant labour laws and whether it was appropriately negotiated. The Fair Work Commission was tasked with assessing the application.

The key legal issues before the Commission were whether the agreement met the statutory requirements for approval and whether it had been genuinely negotiated between the parties. The Commission had to consider whether the agreement provided for minimum terms and conditions, was free from prohibited content, and was negotiated in good faith. Furthermore, the Commission examined if the agreement met the "better off overall test", ensuring that employees would not be worse off under the agreement.

In reaching its decision, the Commission determined that the agreement was appropriately negotiated and provided for terms and conditions that were not less favourable than the applicable award or safety net. The Commission found that the agreement complied with the relevant labour laws and met the "better off overall test". As a result, the Commission approved the InfraBuild Wire Mill Enterprise Agreement 2021 - 2024.

The Commission approved the application, allowing the enterprise agreement to be registered and enforceable. The agreement was set to take effect from the date of registration, governing the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established