Intrastruct Pty Ltd T/A Intrastruct Summary

[2014] FWCA 3825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intrastruct Pty Ltd T/A Intrastruct
(AG2014/6082)

INTRASTRUCT PTY LTD ENTERPRISE AGREEMENT 2014

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 10 JUNE 2014

Application for approval of the Intrastruct Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Intrastruct Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

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

[4] I had some concerns regarding the Hours of Work clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. I do not know of any person being a bargaining representative for the Agreement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intrastruct Pty Ltd, trading as Intrastruct, applied to the Fair Work Commission for the approval of the Intrastruct Pty Ltd Enterprise Agreement 2014. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission, led by Commissioner McCabe, was tasked with determining if the agreement complied with the procedural and substantive requirements set out in the Act.

The key legal issues before the Commission were whether the agreement was genuinely a product of bargaining between the employer and the employees, and whether it contained all the mandated minimum terms and conditions. The Commission had to assess if the agreement satisfied the procedural prerequisites, such as the provision of relevant information to the employees and if the agreement was made in good faith. Additionally, the Commission needed to ensure that the agreement covered all the minimum terms and conditions as stipulated by the Fair Work Act.

In its decision, the Commission found that the agreement was the result of genuine bargaining between the parties and contained all the required minimum terms and conditions. The Commission held that the employer had provided the necessary information to the employees and that the agreement was made in good faith. The Commission was satisfied that the agreement complied with both the procedural and substantive requirements of the Act. Consequently, the Commission approved the Intrastruct Pty Ltd Enterprise Agreement 2014.

Intrastruct Pty Ltd T/A Intrastruct

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established