DECISION

Fair Work Act 2009
s.185—Enterprise agreement

InfraBuild Wire Pty Ltd
(AG2019/4731)

INFRABUILD WIRE NEWCASTLE WIREMILL ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 22 JANUARY 2020

Application for approval of the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2019 - 2022 (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.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that 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, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2020. The nominal expiry date of the Agreement is 31 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved InfraBuild Wire Pty Ltd, an employer, and two unions, the Electrical Trades Union of Australia and the Communications, Electrical and Plumbing Union of Australia, acting on behalf of employees at the InfraBuild Wire Newcastle Wiremill. The dispute centred around the application for the approval of the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2019-2022. The application was brought before the Fair Work Commission to ensure the agreement met the necessary legal standards for approval.

The primary legal issues the court had to address were whether the agreement was made in accordance with the Fair Work Act 2009 and whether it contained the necessary good faith bargaining provisions. Additionally, the court needed to determine if the agreement met the 'better-off-overall test' and if it complied with the 'single-employer' rule. The court also considered the procedural fairness in the negotiation process, ensuring that all parties had an opportunity to engage in meaningful discussions.

The Fair Work Commission found that the agreement was made in good faith and met all the requirements under the Fair Work Act. The commission concluded that the agreement was fair and reasonable, passing the 'better-off-overall test'. It was noted that the agreement provided for appropriate protections and benefits for the employees. The commission also found that the negotiation process was fair and that all parties had adequate opportunity to participate. The application was approved, and the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2019-2022 was deemed to be compliant with the relevant legislative requirements.

The final orders of the Fair Work Commission included the approval of the InfraBuild Wire Newcastle Wiremill Enterprise Agreement 2019-2022. The commission also directed that the agreement be registered with the Fair Work Commission and that the employer and unions ensure that the terms of the agreement are implemented and adhered to. The decision was made on the basis that the agreement met all statutory requirements and provided a fair and reasonable outcome for both the employer and the employees.

InfraBuild Wire Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established