DECISION

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

Infraworks Services (Vic) Pty Ltd T/A Infraworks
(AG2016/128)

INFRAWORKS SERVICES (VIC) PTY LTD & RAIL TRAM AND BUS UNION ENTERPRISE AGREEMENT VICTORIA 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2016

Application for approval of the INFRAWORKS SERVICES (VIC) Pty Ltd & RAIL TRAM AND BUS UNION Enterprise Agreement Victoria 2016.

[1] An application has been made for approval of an enterprise agreement known as the INFRAWORKS SERVICES (VIC) Pty Ltd & RAIL TRAM AND BUS UNION Enterprise Agreement Victoria 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Infraworks Services (Vic) Pty Ltd T/A Infraworks. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2016. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) involved Infraworks Services (Vic) Pty Ltd, trading as Infraworks, and the Rail, Tram and Bus Union. The dispute centred around the approval of the Infraworks Services (Vic) Pty Ltd and Rail, Tram and Bus Union Enterprise Agreement Victoria 2016. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the FWC included whether the agreement was genuinely an enterprise agreement, if it was free from any prohibited content, and if it provided for a proper process for the resolution of disputes. The Commission also had to assess whether the agreement had been negotiated in good faith and if it contained terms that were consistent with the principles of the Fair Work Act.

In its decision, the FWC found that the agreement was genuinely an enterprise agreement that had been negotiated in good faith. The Commission determined that the agreement did not contain any prohibited content and that it provided for an appropriate process for the resolution of disputes. The FWC also concluded that the terms of the agreement were consistent with the principles of the Fair Work Act. Based on these findings, the Commission approved the agreement.

The final order of the Commission was the approval of the Infraworks Services (Vic) Pty Ltd and Rail, Tram and Bus Union Enterprise Agreement Victoria 2016, effective from the date of the decision. The agreement was to apply to the employees of Infraworks Services (Vic) Pty Ltd who were members of the Rail, Tram and Bus Union.

Infraworks Services (Vic) 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