DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interflow Resources Pty Ltd T/A Interflow
(AG2017/3057)

INTERFLOW RESOURCES PTY LTD, SOUTH AUSTRALIA WORKPLACE AGREEMENT 2017

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 OCTOBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, South 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 25 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Interflow Resources Pty Ltd, trading as Interflow, which applied for approval of the Interflow Resources Pty Ltd, South Australia Workplace Agreement 2017. The matter was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The central legal issues the Commission addressed were whether the agreement complied with the relevant sections of the Fair Work Act 2009, particularly the requirements for good faith bargaining and the protection of employees' rights. Specifically, the Commission needed to determine if the agreement appropriately balanced the interests of the employer and the employees, and if it provided for a fair and equitable resolution of employment conditions.

In reaching its decision, the Fair Work Commission examined the negotiation process and the terms of the agreement itself. The Commission found that the agreement was the result of genuine good faith negotiations between the parties, and that it adequately protected the rights of employees while also considering the legitimate needs of the employer. The Commission highlighted that the agreement included provisions for fair pay, reasonable working hours, and appropriate conditions of employment, which met the statutory requirements. Consequently, the Commission approved the application, recognising the agreement as a fair and reasonable workplace agreement under the Act.

The final orders of the Commission were that the Interflow Resources Pty Ltd, South Australia Workplace Agreement 2017 be approved and registered under the Fair Work Act 2009. This approval means that the terms of the agreement are legally binding on both the employer and the employees, and it serves as the basis for the employment conditions in the workplace.

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