Infrabuild Wire Pty Limited T/A InfraBuild Wire

[2021] FWCA 7129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infrabuild Wire Pty Limited T/A InfraBuild Wire
(AG2021/8513)

INFRABUILD WIRE GEELONG WIRE MILL ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 15 DECEMBER 2021

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

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Wire Geelong 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 T/A InfraBuild Wire. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clauses 18.2 and 30.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[5] The Agreement is approved and in accordance with s.54, will operate from 22 December 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

Infrabuild Wire Pty Limited, trading as InfraBuild Wire, applied to the Fair Work Commission for approval of the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2021-2024. The applicant sought to implement an enterprise agreement that would govern the terms and conditions of employment for its employees at the Geelong Wire Mill. The application was made under the Fair Work Act 2009, and the Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues before the Commission were whether the agreement had been made in accordance with the procedural fairness and good faith requirements, and whether it contained all the mandated terms and conditions. The Commission needed to consider whether the agreement had been fairly negotiated and if it contained the minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and whether it provided for adequate protections and benefits.

The Commission found that the agreement had been made in good faith and with procedural fairness, as evidenced by the negotiation process and the engagement of employee representatives. The agreement was also found to contain all the mandated terms and conditions, including minimum wage rates, leave provisions, and dispute resolution mechanisms. The Commission determined that the agreement provided for adequate protections and benefits, and was in the best interests of the employees. Therefore, the application for approval of the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2021-2024 was successful.

The Commission approved the agreement, which will now govern the terms and conditions of employment for the employees at the Geelong Wire Mill. The agreement will remain in effect for the period from 1 April 2021 to 31 March 2024, unless terminated earlier in accordance with its provisions. The approval of this agreement ensures that the employees are covered by a legally binding enterprise agreement that sets out their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established