Interflow Resources Pty Ltd

Case

[2025] FWCA 1218

10 APRIL 2025


[2025] FWCA 1218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Interflow Resources Pty Ltd

(AG2025/747)

INTERFLOW RESOURCES PTY LTD NSW & ACT WORKPLACE AGREEMENT 2022 - 2026

Building, metal and civil construction industries

DEPUTY PRESIDENT GRAYSON

SYDNEY, 10 APRIL 2025

Application for variation of the Interflow Resources Pty Ltd NSW & ACT Workplace Agreement 2022 - 2026

  1. An application has been made for approval of a variation to the Interflow Resources Pty Ltd NSW & ACT Workplace Agreement 2022 - 2026 (the Agreement). The application was made by Interflow Resources Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. Section 210(2) of the Act requires that the application must be accompanied by a signed copy of the variation. The variation as originally filed was not signed in accordance with the Fair Work Regulations 2009 (Cth). An amended, signed variation was subsequently filed. I consider it appropriate in the circumstances to allow the Applicant to amend the application to substitute the corrected documents and/or waive an irregularity in the form or manner in which an application is made to the FWC and do so pursuant to s.586 of the Act.

  1. The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. The Applicant has provided written undertakings. A copy of the undertakings are attached at Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval have been met. In reaching this state of satisfaction I have had regard to the provisions of the Act, the Statement of Principles on Genuine Agreement and the submissions of the Applicant regarding these matters.

  1. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

  1. In accordance with s.216 of the Act, the variation operates from 10 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE516953  PR786022>

ANNEXURE A

ANNEXURE B

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