Interflow Resources Pty Ltd T/A Interflow Summary

[2013] FWCA 4847

FAIR WORK COMMISSION

DECISION

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

Interflow Resources Pty Ltd T/A Interflow
(AG2013/7080)

INTERFLOW RESOURCES PTY LTD WA WORKPLACE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 JULY 2013

Application for approval of the Interflow Resources Pty Ltd. WA Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd WA Workplace Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Interflow Resources Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 26 July 2017.

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 WA Workplace Agreement 2013. The dispute concerned the validity and enforceability of the agreement under the Fair Work Act 2009. The primary legal issues before the court were whether the agreement was genuinely negotiated and whether it complied with the requirements of the Fair Work Act, including the consideration of whether it provided for minimum entitlements and was not contrary to public policy.

The Fair Work Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission assessed whether there was genuine negotiation between the parties, considering the roles and involvement of the representatives during the negotiation process. Additionally, the Commission reviewed the agreement to ensure it provided for minimum entitlements and did not contravene public policy or any other legislative requirements. The court focused on the procedural fairness in the negotiation process and whether the agreement met the statutory standards set forth in the Fair Work Act.

After careful consideration, the Fair Work Commission found that the negotiation process was genuine and that the agreement met the statutory requirements. The Commission concluded that the agreement was properly negotiated and contained provisions that met the minimum entitlements as stipulated by the Fair Work Act. Therefore, the application for the approval of the Interflow Resources Pty Ltd WA Workplace Agreement 2013 was successful. The court ordered the approval of the agreement, ensuring that it would be legally binding and enforceable under the Fair Work Act.

Interflow Resources Pty Ltd T/A Interflow

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established