DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Infraworks Maintenance Pty Ltd T/A Infraworks
(AG2019/1602)

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 2019 - 2022

Stevedoring industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 31 MAY 2019

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 2019 - 2022.

[1] An application has been made for approval of a greenfields agreement known as the 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 2019 - 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Infraworks Maintenance Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[1] Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers that organisation.

[2] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involved Infraworks Maintenance Pty Ltd, trading as Infraworks, and the Maritime Union of Australia, Division of the Construction, Forestry, Maritime, Mining and Energy Union, Port Botany (Patrick) Site. The dispute centred on the application for approval of a maintenance agreement between the two parties for the period 2019-2022. The matter was heard in the Fair Work Commission.

The legal issues before the court revolved around whether the proposed maintenance agreement complied with the Fair Work Act 2009. The agreement in question was subject to scrutiny under section 234 of the Act, which requires that an agreement be approved by the Fair Work Commission if it is to have effect. Specifically, the Commission had to consider whether the agreement met the requirements of the Act, including its coverage, the nature of the bargaining, and the process by which it was made.

The Fair Work Commission examined the process and substance of the agreement. It was determined that the agreement was made following a proper and genuine bargaining process and that it met all the statutory requirements. The agreement was found to cover all the necessary terms and conditions of employment for the employees within its scope. The Commission found that the agreement was fair and reasonable, and therefore approved it under section 234 of the Fair Work Act.

Consequently, 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 2019-2022. This decision effectively legitimised the agreement, allowing it to operate as intended between the parties.

Infraworks Maintenance Pty Ltd T/A Infraworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established