Workfast Infrastructure Pty Ltd Summary

[2024] FWCA 830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workfast Infrastructure Pty Ltd

(AG2024/448)

WORKFAST INFRASTRUCTURE PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 6 MARCH 2024

Application for approval of the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Workfast Infrastructure Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 15 December 2023 and the Agreement was made on 21 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 6 March 2024 and, in accordance with s.54 of the Act, will operate from 13 March 2024. The nominal expiry date of the Agreement is 28 February 2025.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workfast Infrastructure Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The Australian Workers’ Union was the bargaining representative of the employees involved. The dispute centred on whether the proposed agreement complied with the relevant statutory requirements and if it appropriately addressed the employees’ conditions of employment.

The legal issues before the Commission included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009 and if it had been genuinely bargained. The Commission also had to determine if the agreement provided fair and reasonable terms and conditions for the employees, and if it complied with the procedural requirements of the Act.

The Fair Work Commission found that the agreement met all the mandatory term requirements and was genuinely bargained. The Commission concluded that the proposed agreement provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the procedural requirements of the Act had been met, and thus approved the agreement.

The Fair Work Commission approved the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2024, determining that it met all statutory requirements and provided fair and reasonable terms for the employees. The agreement was approved and is now in effect.

Workfast Infrastructure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established