Platinum Infrastructure Pty Ltd

[2023] FWCA 157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Platinum Infrastructure Pty Ltd

(AG2022/5265)

PLATINUM INFRASTRUCTURE PTY LTD WORKPLACE AGREEMENT 2022-2025

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JANUARY 2023

Application for approval of the PLATINUM INFRASTRUCTURE PTY LTD WORKPLACE AGREEMENT 2022-2025

An application has been made for approval of an enterprise agreement known as the PLATINUM INFRASTRUCTURE PTY LTD WORKPLACE AGREEMENT 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 January 2023. The nominal expiry date of the Agreement is 16 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of the Platinum Infrastructure Pty Ltd Workplace Agreement 2022-2025. The applicant, Platinum Infrastructure, sought approval of the agreement under section 232 of the Fair Work Act 2009. The dispute arose from negotiations between the applicant and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The applicants sought to finalise the terms of employment, including wages, hours of work, and other conditions of employment, for a period of three years. The union raised objections to certain aspects of the proposed agreement, arguing they were not in the best interests of the employees.

The central legal issue before the Commission was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair terms and conditions of employment, and if it complied with the process requirements set out in the Act. The union argued that the proposed agreement did not sufficiently protect the rights and interests of the employees and raised concerns about the process by which the agreement was negotiated.

In delivering its decision, the Commission considered the evidence and submissions from both parties. The Commission noted that the proposed agreement included terms that were generally consistent with industry standards and provided for fair wages and conditions of employment. The Commission also found that the process by which the agreement was negotiated was generally compliant with the statutory requirements. The Commission acknowledged the union's concerns but found that the proposed agreement did not unfairly disadvantage the employees and was in their best interests. The Commission ultimately approved the proposed agreement, finding that it met the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established