DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interflow Resources Pty Ltd T/A Interflow
(AG2017/6743)

INTERFLOW RESOURCES PTY LTD, NSW & ACT 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, NSW & ACT Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, NSW & ACT 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 NSW & ACT Workplace Agreement 2017. The application was made under the Fair Work Act 2009, and the Commission, consisting of Member M, Member J and Member D, was tasked with determining whether the agreement met the criteria for registration. The dispute centred on whether the agreement complied with the requirements of the Act, including provisions regarding employee consultation and the agreement's overall fairness.

The primary legal issues the Commission had to address were whether the agreement provided for adequate employee consultation, as required by section 229 of the Fair Work Act, and whether the agreement was fair and reasonable in all its terms. The Commission also considered whether the agreement contained any provisions that were inconsistent with the Act's objectives. The Commission examined the details of the agreement, including the consultation mechanisms and the fairness of its terms, to ascertain compliance with the statutory requirements.

In its decision, the Commission found that the agreement did not adequately provide for employee consultation as mandated by the Fair Work Act. The Commission noted that the agreement did not include specific provisions for genuine consultation between the employer and employees on changes to the agreement. Additionally, the Commission identified that the agreement did not contain certain provisions that were required to be included by the Act. The Commission concluded that, due to these deficiencies, the agreement was not fair and reasonable in all its terms and therefore did not meet the criteria for registration under the Act.

The Fair Work Commission refused to approve the Interflow Resources Pty Ltd, NSW & ACT Workplace Agreement 2017. The Commission ordered that the application be dismissed and that the agreement be not registered. The Commission directed the parties to engage in further negotiations to address the identified deficiencies and to seek re-approval of the agreement once these issues had been rectified. This outcome emphasised the importance of compliance with the statutory requirements for workplace agreements to ensure they are fair and reasonable for all parties involved.

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