Workfast Infrastructure Pty Ltd Summary

[2022] FWCA 4616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Workfast Infrastructure Pty Ltd

(AG2022/5338)

Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 DECEMBER 2022

Application for approval of the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2022

Workfast Infrastructure Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Australian Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 30 December 2022 and, in accordance with s 54, will operate from 6 January 2023. The nominal expiry date of the Agreement is 28 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Workfast Infrastructure Pty Ltd, sought approval for an enterprise agreement with The Australian Workers' Union. The dispute centred around the fairness and validity of the proposed agreement, which had been negotiated between the employer and the union to cover the employees' terms and conditions of employment. The Commission was tasked with determining whether the agreement met the necessary legal requirements and was fair and reasonable for the parties involved.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to assess whether the agreement was procedurally fair, meaning that it was made in a manner that was free from coercion, duress, and undue influence, and whether it provided for appropriate mechanisms for dispute resolution. The fairness and reasonableness of the agreement's terms and conditions were also scrutinised to ensure they met the needs of both parties.

The Commission examined the evidence presented and found that the agreement was genuinely negotiated, met all legal requirements, and was procedurally fair. The terms and conditions of the agreement were deemed reasonable and appropriate for the parties involved, taking into consideration the specific circumstances of the workplace and the industry. Consequently, the Commission approved the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2022, recognising it as a valid and binding enterprise agreement between the employer and the union.

The final orders of the Commission included the approval of the Workfast Infrastructure Pty Ltd & The Australian Workers’ Union Agreement 2022, which became effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement. The parties were directed to comply with the terms of the approved agreement and to use the agreed-upon dispute resolution mechanisms to address any future issues that may arise.

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