InfraBuild Wire Pty Ltd

[2025] FWCA 1510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InfraBuild Wire Pty Ltd

(AG2025/1160)

INFRABUILD WIRE GEELONG WIRE MILL ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 7 MAY 2025

Application for approval of the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2024-2027 (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 Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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.

The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are all a bargaining representative for the Agreement and have each 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 organisations.

The Agreement is approved and in accordance with s.54, will operate from 14 May 2025. The nominal expiry date of the Agreement is 31 August 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, InfraBuild Wire Pty Ltd sought approval of the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2024-2027. The application was made pursuant to the Fair Work Act 2009, seeking to resolve the terms and conditions of employment for the workforce at the Geelong wire mill. The union representing the workers, the Electrical Trades Union, did not oppose the application, but the Commission needed to ensure the agreement complied with relevant provisions of the Act.

The primary legal issue was whether the agreement met the requirements for registration under section 234 of the Fair Work Act. This included verifying that the agreement did not contain terms that were contrary to the public interest, were unfair, or did not provide for minimum entitlements. Additionally, the Commission needed to ensure that the agreement was made in good faith and the parties had engaged in genuine bargaining. The application was unopposed, but the Commission's role was to independently assess whether the agreement was compliant and fair.

The Commission found that the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2024-2027 met all the necessary criteria. The agreement was free from terms that were unfair or contrary to the public interest, and it provided for all minimum entitlements required by the Fair Work Act. The Commission noted the parties had engaged in genuine bargaining, and the agreement was made in good faith. The absence of objections from the union, coupled with the absence of any evident issues in the agreement, led the Commission to approve the application.

The Fair Work Commission approved the InfraBuild Wire Geelong Wire Mill Enterprise Agreement 2024-2027. This approval was effective from the date specified in the agreement, and it provided a framework for the terms and conditions of employment for the Geelong wire mill workforce for the ensuing three years. The agreement was deemed to be compliant with the Fair Work Act and was registered accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established