DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interflow Resources Pty Ltd T/A Interflow
(AG2017/3105)

INTERFLOW RESOURCES PTY LTD, QUEENSLAND WORKPLACE AGREEMENT 2017

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 OCTOBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, Queensland 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

In the Fair Work Commission, the case of Interflow Resources Pty Ltd, trading as Interflow, involved an application for approval of the Interflow Resources Pty Ltd, Queensland Workplace Agreement 2017. The applicant, Interflow Resources, sought to have the agreement recognised under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issues the Commission needed to address were whether the agreement complied with the procedural requirements outlined in the Fair Work Act and whether the agreement satisfied the substantive requirements of being a simple, clear, and accessible workplace agreement. This involved examining the process by which the agreement was developed, the extent of employee and employer consultation, and whether the agreement provided adequate protections for employees.

In reaching its decision, the Commission considered the evidence presented by both parties regarding the process of agreement negotiation, the level of employee participation, and the content of the agreement itself. The Commission emphasised the importance of procedural fairness in the agreement-making process, ensuring that employees had a genuine opportunity to be involved in discussions. The Commission also assessed whether the agreement provided fair and reasonable terms and conditions, taking into account the specific context of the workplace and industry. Based on its findings, the Commission determined that the agreement met the necessary criteria and was approved.

The Fair Work Commission's final order was the approval of the Interflow Resources Pty Ltd, Queensland Workplace Agreement 2017, recognising it as a registered agreement under the Fair Work Act 2009. The Commission's decision highlighted the importance of procedural fairness and substantive fairness in workplace agreements, ensuring that both employers and employees are adequately protected and represented in the agreement-making process.

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