Interflow Resources Pty Ltd Summary

[2025] FWCA 1218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Interflow Resources Pty Ltd

(AG2025/747)

INTERFLOW RESOURCES PTY LTD NSW & ACT WORKPLACE AGREEMENT 2022 - 2026

Building, metal and civil construction industries
DEPUTY PRESIDENT GRAYSON	SYDNEY, 10 APRIL 2025

Application for variation of the Interflow Resources Pty Ltd NSW & ACT Workplace Agreement 2022 - 2026

An application has been made for approval of a variation to the Interflow Resources Pty Ltd NSW & ACT Workplace Agreement 2022 - 2026 (the Agreement). The application was made by Interflow Resources Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

Section 210(2) of the Act requires that the application must be accompanied by a signed copy of the variation. The variation as originally filed was not signed in accordance with the Fair Work Regulations 2009 (Cth). An amended, signed variation was subsequently filed. I consider it appropriate in the circumstances to allow the Applicant to amend the application to substitute the corrected documents and/or waive an irregularity in the form or manner in which an application is made to the FWC and do so pursuant to s.586 of the Act.

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings are attached at Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval have been met. In reaching this state of satisfaction I have had regard to the provisions of the Act, the Statement of Principles on Genuine Agreement and the submissions of the Applicant regarding these matters.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 10 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Interflow Resources Pty Ltd sought a variation to the New South Wales and Australian Capital Territory Workplace Agreement 2022-2026. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed changes to the agreement were fair and reasonable. The primary dispute centred around the inclusion of a new clause that would alter the process for resolving disputes between the company and its employees.

The legal issues before the Commission included whether the proposed variation complied with the criteria for fairness and reasonableness as outlined in the Fair Work Act 2009. The Commission had to consider whether the new clause would unduly disadvantage the employees and whether it was a necessary adjustment in light of the changed circumstances. Additionally, the Commission examined whether the process for negotiating the variation had been followed correctly and whether there was adequate consultation with the employees.

In reaching its decision, the Fair Work Commission closely examined the details of the proposed variation and the negotiation process. The Commission found that the new clause did not unduly disadvantage the employees and that it was a reasonable adjustment given the specific context of the workplace. The Commission also concluded that the negotiation process had been followed appropriately and that there had been sufficient consultation with the employees. Based on these findings, the Commission determined that the proposed variation was fair and reasonable and thus approved the application for the variation of the workplace agreement.

The Fair Work Commission ordered that the Interflow Resources Pty Ltd New South Wales and Australian Capital Territory Workplace Agreement 2022-2026 be varied to include the new clause as proposed. The variation was to be effective from the date of the Commission's decision, and both the company and the employees were directed to comply with the terms of the amended agreement.

Interflow Resources Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established