Infrabuild Trading Pty Ltd Trading AS Tonkin Steel

Application for approval of the Tonkin Steel Enterprise Agreement 2025 - 2028

[1] InfraBuild Trading Pty Ltd trading as Tonkin Steel ("the Employer") has applied for approval of an enterprise agreement known as Tonkin Steel Enterprise Agreement 2025 - 2028 ("the Agreement"). The Application was made under section 185 of the Fair Work Act 2009 ("the Fair Work Act"). The Agreement is a single enterprise agreement.

[2] To the extent necessary to do so I exercise the power in section 586 of the Fair Work Act,[1] under paragraph (a) and/or paragraph (b) of that section, to correct any error in the application, and/or waive any irregularity in the form or manner in which it has been made, arising out of the signatory's failure to provide their state or postcode.

[3] There is a minor discrepancy as between the Notice of Employee Representational Rights, and the Agreement as made, as to the Agreement's title. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

[4] Noting clause 1.5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards ("NES") in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] In light of the foregoing, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, and 188 of the Fair Work Act as are relevant to this application for approval have been met.

[6] The Australian Workers' Union (AWU) lodged a declaration in the prescribed form[2] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the AWU.

[7] The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 1 December 2028.

[1] See Australian Nursing and Midwifery Federation v Uniting Church in Australia Property Trust (Q.) [2020] FWCFB 848, [128]-[129], applying CFMMEU v Griffiths Cranes Pty Ltd [2019] FWCFB 1717, [40]-[46].

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