Interflow Resources Pty Ltd T/A Interflow

[2013] FWCA 1974

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
(AG2013/5724)

INTERFLOW RESOURCES PTY LTD SOUTH AUSTRALIA WORKPLACE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 APRIL 2013

Application for approval of the Interflow Resources Pty Ltd, South Australia Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Interflow Resources Pty Ltd, South Australia Workplace Agreement 2013 (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] I note that the form of the notice issued to employees on 10 December 2012 varies from the Notice of Employee Representational Rights specified in Schedule 2.1 of the Fair Work Act 2009 Regulations.

[3] Had that notice been issued after 1 January 2013, s.174 would have required that the application be refused and the bargaining process repeated.

[4] The advice issued on 10 December 2012 refers to the agreement making process, default and alternative bargaining representation arrangements and employee voting arrangements.

[5] In Galintel Rolling Mills Pty Ltd T/A The Graham Group, 1 a Full Bench concluded that a reasonably similar notice did not prohibit approval of the Agreement. On this basis I have accepted that the Notice was validly issued.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 April 2013. The nominal expiry date of the Agreement is 30 June 2017.

SENIOR DEPUTY PRESIDENT

1 [2011] FWAFB 6772

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interflow Resources Pty Ltd T/A Interflow applied to the Fair Work Commission for the approval of their 2013 workplace agreement. The application was made under the Fair Work Act 2009 and was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred on whether the agreement met the necessary legal standards for approval and whether it complied with the provisions of the Fair Work Act. The Fair Work Commission was tasked with determining whether the agreement was a "small business agreement" and if it was made in good faith and did not undermine the safety net of minimum entitlements. The Commission also had to consider whether the agreement was procedurally fair and whether it provided for genuine consultation between the employer and employees.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties, if it contained provisions that were inconsistent with the Fair Work Act, and whether the agreement provided adequate protections for employees. Additionally, the Commission examined whether the agreement was necessary for the efficient operation of the business and whether it was fair and reasonable in all the circumstances. The Commission had to ensure that the agreement did not unfairly disadvantage employees and that it was made in accordance with the relevant legislative framework.

In delivering its decision, the Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission determined that the agreement was genuinely negotiated, contained provisions that were not inconsistent with the Act, and provided for adequate protections for employees. The Commission also found that the agreement was necessary for the efficient operation of the business and was fair and reasonable in all the circumstances. The Commission concluded that the agreement did not unfairly disadvantage employees and was made in accordance with the relevant legislative framework. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Interflow Resources Pty Ltd, South Australia Workplace Agreement 2013, subject to certain conditions and modifications. The approved agreement was to be registered with the Fair Work Commission and would operate as a certified agreement under the Fair Work Act. The Commission also imposed conditions to ensure ongoing compliance with the Act and to protect the interests of employees. The decision provided clarity for both the employer and employees regarding the terms and conditions of their employment under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established