Application for approval of the InfraBuild Steel Centre National Enterprise Agreement 2025 - 2028

[1] Infrabuild Trading Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the InfraBuild Steel Centre National Enterprise Agreement 2025 - 2028 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 7 May 2025 and the Agreement was made on 18 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

Notice of Employee Representational Rights (NERR)

[3] The NERR that was lodged with the initiating documents appears to be the pre-reform version (i.e. applicable to enterprise agreements with a notification time prior to 6 June 2023). The Employer provided submissions that this matter constituted a minor procedural or technical error.

[4] I am satisfied having regard to those submissions and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that this matter constituted a minor technical or procedural error for the purposes of s.188(5) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the errors.

[5] The Agreement does not contain a consultation term that meets the requirements of s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

National Employment Standards (NES) Precedence Term

[6] Clause 27.6.1 provides that if, after one month's continuous service in any 12 month qualifying period an employee lawfully terminates their employment or employment is terminated by the employer through no fault of the employee, the employee will be paid proportionate leave of 12 2/3 hours for each completed month of service.

[7] Clause 27.7.4 removes the leave loading entitlement to proportional annual leave on termination.

[8] Clause 28.2.1 and clause 28.4.7 provides that employees must notify the Employer of taking sick leave where practicable prior to the beginning of the shift.

[9] Clause 27.10 provides that if an employee is absent for reasons including their illness, the employee must notify the employer in writing, where practicable prior to the beginning of the shift and within 24 hours of the cause and probable duration of the absence.

[10] Clause 28.1.1(b) and clause 28.4.1 provide that carer's leave may only be taken where a member of an employee's immediate family is sick and requires care or support.

[11] Clause 31.1 provides that an employee, other than a casual employee, who is required to attend for jury duty during ordinary hours will notify the employer as soon as possible in advance.

[12] Clause 30.6 provides the employer and a valid majority of employees at a particular workplace may agree to substitute another day for any of the public holidays prescribed in this clause, and any such agreement will be recorded in writing.

[13] Clause 13.1.5 provides that apprentices will not be entitled to notice of their termination. Clause 13.2.4 provides that grounds for instant dismissal include malingering, inefficiency and neglect of duty.

[14] Clause 13.3.1 provides that employees will give two weeks' notice and the employer may withhold monies due to the employee to an amount equal to the weeks' notice.

[15] Clauses 12.9.1 and 12.10.2(b) provide that redundancy pay is not payable where the employer finds suitable alternative employment, however the provision is not subject to an application to the Commission.

[16] Paragraphs [6] - [15] contain terms which may be inconsistent with the National Employment Standards (NES). I note that in accordance with the NES precedence term in Clause 6.3 of the Agreement, this clause will be read and interpreted in conjunction with the NES.

[17] The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[18] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[19] The United Workers Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[20] In accordance with s.201(2), I note that the Agreement covers the UWU.

[21] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2025. The nominal expiry date of the Agreement is 31 August 2028.

[1] [2019] FWCFB 318.

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