Infraworks Maintenance Pty Ltd T/A Infraworks

[2022] FWCA 3930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Infraworks Maintenance Pty Ltd T/A Infraworks

(AG2022/4577)

Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2022 - 2026

Stevedoring industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 9 NOVEMBER 2022

Application for approval of the Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2022 - 2026

An application has been made for approval of an enterprise agreement known as the Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2022 - 2026 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 16 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2022 - 2026. The applicant, Infraworks, sought the approval of the agreement, which was entered into with the union representing the workers at the Port Botany site. The dispute was heard in the Fair Work Commission, the body responsible for resolving workplace disputes under Australian industrial relations law.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The Act requires that an enterprise agreement be free from prohibited content, cover a particular enterprise, be negotiated in good faith, and be approved by a majority of the workers covered by the agreement. The Commission needed to determine if the agreement fulfilled these requirements.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and whether it met the legislative requirements. The Commission found that the agreement was the product of good faith negotiations and did not contain any prohibited content. It also concluded that the agreement covered a defined enterprise and was supported by a majority of the workers. Consequently, the Commission approved the agreement, finding it to be compliant with the relevant provisions of the Act.

The Fair Work Commission approved the Infraworks Maintenance Pty Ltd T/A Infraworks and the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site Enterprise Maintenance Agreement 2022 - 2026. This approval ensures that the agreement will govern the employment conditions for the workers at the Port Botany site for the specified period, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established