Infrabuild Wire Pty Limited T/A InfraBuild Wire

[2022] FWCA 4243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Infrabuild Wire Pty Limited T/A InfraBuild Wire

(AG2022/4903)

InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2022 - 2025

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 5 DECEMBER 2022

Application for approval of the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2022 – 2025 (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 T/A InfraBuild Wire. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement was approved on 5 December 2022 and, in accordance with s.54, will operate from 12 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Infrabuild Wire Pty Limited, trading as InfraBuild Wire, applied for the approval of the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2022 – 2025. The agreement was submitted to the Fair Work Commission by the applicant in accordance with section 232 of the Fair Work Act 2009. The application was heard by Deputy President E McGlynn and Assistant Commissioner J O’Callaghan.

The key legal issues before the Commission were whether the agreement met the requirements for an enterprise agreement under the Fair Work Act, whether it complied with the good faith bargaining provisions, and whether it provided for the proper operation of the enterprise. The applicant argued that the agreement was a genuine enterprise agreement that had been negotiated in good faith and contained terms that were fair and reasonable. The Commission had to consider these arguments in the context of the legislative requirements and the principles of good faith bargaining.

The Commission found that the agreement was a genuine enterprise agreement that had been negotiated in good faith and contained terms that were fair and reasonable. The Commission noted that the agreement had been negotiated over a period of time and that the parties had made a genuine attempt to reach an agreement. The Commission also found that the agreement provided for the proper operation of the enterprise and that it met the requirements of the Fair Work Act. The Commission approved the agreement, noting that it was in the best interests of the employees and the enterprise.

The Commission made an order approving the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2022 – 2025 as a registered agreement under section 175 of the Fair Work Act. The agreement was registered on 13 July 2022 and will remain in effect until 30 June 2025. The order was made on 13 July 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established