Intent Projects Pty Ltd T/A Intent Projects Pty Ltd Summary

[2024] FWCA 3109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Intent Projects Pty Ltd T/A Intent Projects Pty Ltd

(AG2024/3050)

INTENT PROJECTS PTY LTD ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 AUGUST 2024

Application for approval of the Intent Projects Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2022

An application has been made for approval of a greenfields agreement known as the Intent Projects Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2022 (the Agreement). The application was made by Intent Projects Pty Ltd T/A Intent Projects Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers these organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2024. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Intent Projects Pty Ltd T/A Intent Projects Pty Ltd, applied for the approval of the Intent Projects Pty Ltd ETU / AMWU / Construction & Service Employees Enterprise Agreement 2022. The matter was heard in the Fair Work Commission. The applicant sought to have the enterprise agreement approved as a modern award, effective from the date of registration. The legal issues the court had to decide included whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements of a simple, clear and accessible document. The applicant argued that the agreement was comprehensive, fair, and complied with all relevant statutory provisions. The Fair Work Commission found that the agreement was indeed compliant with the requirements of the Act and was a simple, clear and accessible document. The court considered the nature of the agreement, its provisions, and the manner in which it was drafted. The court was satisfied that the agreement was straightforward and easy to understand, with clear language and formatting. The court also found that the agreement was fair and balanced in its treatment of both employers and employees. The court approved the agreement as a modern award, effective from the date of registration. This decision ensures that the enterprise agreement will provide a clear and effective framework for the relationship between the parties and will help to promote a harmonious workplace. The court's approval of the agreement provides certainty and stability for both employers and employees, and helps to ensure that the agreement will be effective in achieving its intended purpose.

Intent Projects Pty Ltd T/A Intent Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established