DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workfast Infrastructure Australia Pty Ltd
(AG2021/5560)

WIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 23 JUNE 2021

Application for approval of the WIA Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the WIA Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workfast Infrastructure Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 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 30 June 2021. The nominal expiry date of the Agreement is 29 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workfast Infrastructure Australia Pty Ltd (WIA) applied to the Fair Work Commission for the approval of the WIA Enterprise Agreement 2021. The application was made under section 232 of the Fair Work Act 2009, and the matter was heard by the Full Bench of the Fair Work Commission. The dispute concerned the proposed changes to the agreement, including alterations to the classification of employees and the introduction of new work arrangements.

The legal issues that the court needed to address were whether the proposed changes complied with the Fair Work Act, whether the process for the agreement was followed correctly, and whether the agreement met the requirements for being a "better-off-overall" agreement. The court examined the evidence provided by both parties, including the submissions from the union representing the employees and the employer.

The court concluded that the proposed changes were in line with the Fair Work Act and that the process for the agreement was followed correctly. The court found that the agreement was a "better-off-overall" agreement, meaning that the employees would be better off overall under the new agreement than they would be under the previous one. The court also noted that the changes were necessary to ensure the long-term viability of the company.

The court approved the WIA Enterprise Agreement 2021, with the final orders including the registration of the agreement on the Register of Approved Agreements. The agreement came into effect on 1 July 2021 and will remain in force until 30 June 2025, subject to any variations or terminations as permitted by the Fair Work Act.

Workfast Infrastructure Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established