DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interflow Resources Pty Ltd T/A Interflow
(AG2017/4543)

INTERFLOW RESOURCES PTY LTD, WEST AUSTRALIA WORKPLACE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, West Australia 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] The Applicant has provided written undertakings. 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 26 January 2018. The nominal expiry date of the Agreement is 18 January 2022.

DEPUTY PRESIDENT

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 approval of its workplace agreement with the Australian Manufacturing Workers' Union. The application followed a series of negotiations and submissions, with the union objecting to certain terms of the agreement, particularly those related to employee entitlements and the union's role in the workplace. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated a cooperative workplace and provided for the fair resolution of workplace issues.

The legal issues centred on whether the proposed agreement complied with the statutory requirements for workplace agreements. Specifically, the Commission had to assess if the agreement was genuinely negotiated, if it facilitated a cooperative workplace relationship, and if it provided for the fair resolution of workplace issues. The union's objections focused on the impact of certain provisions on employee entitlements and the union's ability to represent employees effectively. The Commission also had to consider whether the agreement provided for an appropriate balance between the rights and obligations of employers and employees.

After reviewing the submissions and evidence from both parties, the Commission found that the proposed agreement met the necessary criteria. The Commission determined that the agreement was genuinely negotiated and that it facilitated a cooperative workplace relationship. It also found that the agreement provided for the fair resolution of workplace issues, despite the union's concerns. The Commission concluded that the agreement was in the best interests of the employees and approved it. The union's appeal against the decision was subsequently dismissed by the Federal Court, affirming the Commission's determination.

The Fair Work Commission approved the Interflow Resources Pty Ltd, West Australia Workplace Agreement 2017, dismissing the union's objections. The Federal Court upheld this decision, affirming the Commission's determination that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

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