DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5458)

IPR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 JUNE 2021

Application for approval of the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2020‒2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The application was made under section 236 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission by Deputy President S. D. E. J. Richards. The Union sought approval for a collective agreement which it had negotiated with the employer, IPR Contracting Pty Ltd. The application came before the Fair Work Commission, which was required to determine whether the agreement met the requirements for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the collective agreement satisfied the statutory criteria for approval. The Commission had to consider whether the agreement provided for a fair and efficient means of determining the terms and conditions of employment, and whether it included appropriate mechanisms for the resolution of workplace disputes. Additionally, the Commission needed to ensure that the agreement complied with the relevant provisions of the Fair Work Act, including those relating to protected action and the avoidance of industrial action.

Deputy President Richards found that the agreement did meet the criteria for approval. The collective agreement provided for a fair and efficient means of determining the terms and conditions of employment, and included appropriate mechanisms for the resolution of workplace disputes. The Deputy President was satisfied that the agreement complied with the relevant provisions of the Fair Work Act, and that it did not facilitate or authorise protected action or seek to avoid industrial action. As a result, the Deputy President approved the collective agreement under section 236 of the Fair Work Act.

In conclusion, the Fair Work Commission approved the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2020‒2022. The Deputy President found that the agreement satisfied the statutory criteria for approval and was consistent with the provisions of the Fair Work Act. The terms and conditions of employment provided for in the agreement were deemed fair and efficient, and appropriate dispute resolution mechanisms were included. The final orders of the Fair Work Commission were that the collective agreement be approved and registered under section 236 of the Fair Work Act.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established