INFRASTRUCTURE PRODUCTS AUSTRALIA PTY LTD PENRITH ENTERPRISE AGREEMENT 2025

Infrastructure Products Australia Pty Ltd Penrith Enterprise Agreement 2025

[1] This decision concerns an application for approval of the Infrastructure Products Australia Pty Ltd Penrith Enterprise Agreement 2025 (the Agreement). The application has been made under section 185 of the Fair Work Act 2009 (the FW Act) by Infrastructure Products Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement. The Fair Work Commission must approve the Agreement if the requirements in sections 186 and 187 of the FW Act are met.

[2] If the agreement is not a greenfields agreement, section 186(2)(a) of the FW Act requires the Fair Work Commission to be satisfied that the agreement has been genuinely agreed to by the employees covered by the agreement. The Agreement is not a greenfields agreement. The question of whether an enterprise agreement has been genuinely agreed to by the employees is determined by reference to section 188 of the FW Act. Section 188(4)(a) of the FW Act provides that the Fair Work Commission cannot be satisfied as to genuine agreement unless the Fair Work Commission is satisfied that sections 173 and 174 of the FW Act have been complied with. In considering the application, I raised a concern with the Applicant, and the other bargaining representatives, concerning compliance with sections 173 and 174 of the FW Act. The concern being the Notice of Employee Representational Rights (NERR) named the agreement as the Infrastructure Products Australia Pty Ltd New South Wales Enterprise Agreement 2025 (emphasis added). I sought the views of the Applicant, and the other bargaining representatives, whether such error in the NERR could be disregarded in accordance with section 188(5) of the FW Act. The Applicant agreed that there was a minor error in the NERR, and explained that early in the negotiation process the name of the Agreement was changed to better reflect the scope. The Applicant explained that the name change of the Agreement did not change its scope or the group of employees covered. The other bargaining representatives did not express a view. I am satisfied that the NERR contains minor error that can be disregarded in accordance with section 188(5) of the FW Act. In particular, I am satisfied that the employees were not likely to have been disadvantaged by that error.

[3] Section 186(2)(d) of the FW Act requires the Fair Work Commission to be satisfied that the Agreement passes the better off overall test (BOOT). The assessment as to whether the Agreement passes the BOOT is applied in accordance with section 193A of the FW Act. In considering the application, I raised a concern with the Applicant and the other bargaining representatives in relation to the payment of ordinary hours and overtime when worked outside the spread of hours. The Applicant provided an explanation that met my concern. The other bargaining representatives did not express a view.

[4] Based on the material provided by the Applicant, each of the other requirements of the FW Act that are relevant to this Agreement are satisfied.

[5]

The Agreement is approved and, in accordance with section 54 of the FW Act, it will operate from 11 December 2025. The nominal expiry date of the Agreement is 30 June 2028.

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