Interflow Resources Pty Ltd

[2013] FWCA 4374

FAIR WORK COMMISSION

DECISION

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

Interflow Resources Pty Ltd
(AG2013/7221)

INTERFLOW RESOURCES PTY LTD QUEENSLAND WORKPLACE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 4 JULY 2013

Application for approval of the Interflow Resources Pty Ltd Queensland Workplace Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 25 June 2013 by Interflow Resources Pty Ltd for the approval of a single-enterprise agreement known as the Interflow Resources Pty Ltd Queensland Workplace Agreement 2013 (“the Agreement”).

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

[3] The consultation clause in the Agreement does not conform with s.205(1)(b) of the Act. 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Interflow Resources Pty Ltd Queensland Workplace Agreement 2013. Interflow Resources Pty Ltd sought approval of this agreement under the Fair Work Act 2009, with the application being heard and determined by the Fair Work Commission. The dispute centred on whether the agreement complied with the statutory requirements set forth in the Fair Work Act and the relevant industrial instruments.

The key legal issues that the court needed to address included whether the agreement met the criteria for an enterprise agreement as defined in the Fair Work Act, whether it included all the mandatory terms and conditions required by the legislation, and whether it adhered to the procedural requirements for its negotiation and approval. Additionally, the court had to consider whether the agreement was consistent with any applicable industrial awards or registered agreements.

The Fair Work Commission carefully examined the contents of the agreement and the process by which it was negotiated. The court found that the agreement satisfied the legislative requirements and was consistent with the procedural standards set out in the Fair Work Act. It included all mandatory terms and conditions and did not contravene any relevant industrial instruments. Therefore, the Commission approved the application, confirming that the Interflow Resources Pty Ltd Queensland Workplace Agreement 2013 was compliant with the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established