DECISION

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

Interflow Resources Pty Ltd T/A Interflow
(AG2018/4977)

INTERFLOW RESOURCES PTY LTD, VICTORIA WORKPLACE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Interflow Resources Pty Ltd, Victoria Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, Victoria Workplace Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interflow Resources Pty Ltd T/A Interflow. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s. 190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2018. The nominal expiry date of the Agreement is 20 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Interflow Resources Pty Ltd, trading as Interflow, applied to the Fair Work Commission for the approval of the Interflow Resources Pty Ltd, Victoria Workplace Agreement 2017. The application was brought by the employer and was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute centred on the terms of the proposed workplace agreement and whether they complied with the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement met the requirements for approval under section 233 of the Fair Work Act, including whether the agreement had been made free from any improper conduct and whether the agreement contained provisions that were consistent with the objects of the Act. Specifically, the Commission needed to determine if the agreement provided for appropriate minimum terms and conditions, including pay and conditions, and whether it allowed for appropriate flexibility in the workplace.

The Commission examined the application and the provisions of the proposed workplace agreement. It found that the agreement contained appropriate minimum terms and conditions for employees, as well as provisions that allowed for flexibility in the workplace. The Commission determined that the agreement was consistent with the objects of the Fair Work Act and had been made free from any improper conduct. Accordingly, the Commission approved the Interflow Resources Pty Ltd, Victoria Workplace Agreement 2017.

Interflow Resources Pty Ltd T/A Interflow

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established