Interflow Pty Ltd

[2022] FWCA 2634

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Interflow Pty Ltd

(AG2022/2486)

Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2022

Application for approval of the Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026

Interflow Pty Ltd has made an application for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the copy of the Notice of Employee Representational Rights (NERR) that was given to employees contained an error indicating that the proposed agreement would apply in Queensland rather than Western Australia. However the title of the proposed agreement referred to Western Australia, and the NERR was given to employees in that state. In all the circumstances and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 3 August 2022 and, in accordance with s 54, will operate from 10 August 2022. The nominal expiry date of the Agreement is 3 August 2026.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, the matter of Interflow Pty Ltd involved a request for the approval of a workplace agreement. The applicant, Interflow Pty Ltd, sought the court's approval for the Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026. The primary dispute centred on whether the agreement met the necessary legal standards for approval under Australian labour laws.

The court had to determine if the agreement fulfilled the criteria outlined in the Fair Work Act 2009. This included assessing whether the agreement was fair and reasonable, and if it was made in good faith. Additionally, the court needed to ensure that the agreement did not undermine the minimum rights and protections guaranteed under Australian employment law.

Upon reviewing the agreement, the court found that it met the statutory requirements. The agreement was deemed fair and reasonable, as it provided adequate protections for the employees and was made in good faith. The court also confirmed that the agreement did not undermine the minimum rights of the employees. Consequently, the court approved the workplace agreement, recognising its compliance with the relevant legal standards.

The final orders of the court included the approval of the Interflow Resources Pty Ltd, Western Australia Workplace Agreement 2022-2026, effective from the date of the court's decision. The agreement was to be registered with the Fair Work Commission, ensuring that it would be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established