Infrastructure Products Australia Pty Ltd T/A Infrastructure Products Australia

[2022] FWCA 4310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Infrastructure Products Australia Pty Ltd T/A Infrastructure Products Australia

(AG2022/4863)

Infrastructure Products Australia Enterprise Agreement 2022

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 DECEMBER 2022

Application for approval of the Infrastructure Products Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Infrastructure Products Australia Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Infrastructure Products Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 5 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Worker’s Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Infrastructure Products Australia Pty Ltd, trading as Infrastructure Products Australia, a dispute arose concerning the approval of the Infrastructure Products Australia Enterprise Agreement 2022. The applicant, Infrastructure Products Australia, sought the court's approval of the agreement, which was intended to govern the employment terms and conditions of its employees. The application was heard in the Fair Work Commission.

The central legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms and conditions of employment, and whether it complied with the requirements of the Act. Additionally, the court examined whether the agreement was genuinely negotiated between the employer and the employees, and if it included appropriate provisions for dispute resolution.

In its decision, the court assessed the agreement against the statutory criteria and found that it satisfied the necessary requirements. The court concluded that the agreement provided for fair and reasonable terms, included appropriate dispute resolution mechanisms, and was genuinely negotiated between the parties. The court was satisfied that the agreement met all the legal standards for approval under the Act. Consequently, the court approved the Infrastructure Products Australia Enterprise Agreement 2022.

As a result of the court's decision, the Infrastructure Products Australia Enterprise Agreement 2022 was approved, and the applicant's application was successful. The agreement would now govern the employment terms and conditions of the employees covered by the agreement, subject to the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established