DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Infraworks Construction Pty Ltd
(AG2017/867)

INFRAWORKS CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT CIVIL WORKS 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 18 APRIL 2017

Application for approval of the Infraworks Construction Pty Ltd Enterprise Agreement Civil Works 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Infraworks Construction Pty Ltd Enterprise Agreement Civil Works 2017 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Infraworks Construction Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement was approved on 18 April 2017 and, in accordance with s.54, will operate from 25 April 2017. The nominal expiry date of the Agreement is 25 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Infraworks Construction Pty Ltd applied to the Fair Work Commission for approval of the Infraworks Construction Pty Ltd Enterprise Agreement Civil Works 2017 - 2020. The application was made by Infraworks Construction Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, the employee representative. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the court were whether the agreement provided for a genuine bargain between the parties, whether the agreement provided for proper procedural protection for employees, and whether the agreement met the provisions for good faith bargaining. The court had to consider the nature of the agreement and the process by which it was made, including whether the parties had genuinely negotiated the agreement and whether it provided for procedural protection for employees.

The court found that the agreement met the criteria for approval. The court considered that the agreement provided for a genuine bargain between the parties and provided for proper procedural protection for employees. The court also found that the agreement met the provisions for good faith bargaining. The court noted that the agreement had been negotiated over a period of time and that the parties had made a genuine effort to reach an agreement. The court also found that the agreement provided for procedural protection for employees and that it met the provisions for good faith bargaining.

The court approved the agreement and made orders accordingly. The orders included that the agreement be approved and registered, and that it be in effect from the date of the approval. The orders also included provisions for the agreement to be amended in the future, and for the agreement to be subject to the provisions of the Fair Work Act 2009.

Infraworks Construction 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