INT Consultants Pty Ltd

[2022] FWCA 2086

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

INT Consultants Pty Ltd

(AG2022/1994)

INT Consultants Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Greenfield Agreement 2022 - 2024

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 JUNE 2022

Application for approval of the INT Consultants Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Greenfield Agreement 2022 – 2024

An application has been made for approval of an enterprise agreement known as the INT Consultants Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Greenfield Agreement 2022 – 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a greenfields agreement.

Based on the statutory declaration provided by the organisation, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is 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 satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia was a bargaining representative for the Agreement. I note that the Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that the Agreement, considered on an overall basis, provides for pay and conditions that are consistent with the prevailing pay and conditions within the relevant industry for equivalent work.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 1 July 2022. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by INT Consultants Pty Ltd for approval of the INT Consultants Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Greenfield Agreement 2022 – 2024. The matter was heard in the Fair Work Commission. The central issue for determination was whether the proposed agreement, which aimed to establish terms and conditions for the employees of INT Consultants Pty Ltd involved in the Rozelle Interchange and Western Harbour Tunnel projects, complied with the relevant legislative and regulatory framework governing workplace agreements.

The Fair Work Commission evaluated the proposed agreement against the criteria set out in the Fair Work Act 2009. The court examined the agreement's compliance with procedural requirements, such as the provision of necessary information to the employees and the opportunity for consultation, as well as its substantive fairness. The Commission considered the balance of rights and obligations in the agreement, ensuring that it did not unduly disadvantage the employees. The Commission also assessed whether the agreement provided appropriate safeguards for employees' entitlements and did not contravene any minimum standards prescribed by law.

After a thorough analysis of the application, the Fair Work Commission found that the proposed agreement was compliant with the statutory requirements. The Commission was satisfied that the procedural steps had been properly followed and that the agreement contained provisions that were fair and reasonable in all the circumstances. The Commission approved the agreement, acknowledging that it met the necessary standards for a greenfield agreement under the Fair Work Act. The decision highlighted the importance of ensuring that such agreements provide fair terms and conditions for employees while allowing for flexibility in project-specific arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established