DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3868)

IPR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 OCTOBER 2019

Application for approval of the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] The Employer has 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a proposed collective agreement with IPR Contracting Pty Ltd. The CFMEU sought to have the agreement registered and made applicable to the workers employed by IPR Contracting Pty Ltd. The dispute was heard and determined by the FWC.

The central legal issue before the FWC was whether the proposed agreement met the requirements of section 234 of the Fair Work Act 2009, particularly in relation to the provision of a fair and effective process for the resolution of workplace disputes. The CFMEU argued that the agreement provided an appropriate framework for resolving disputes, while IPR Contracting Pty Ltd contended that the agreement did not sufficiently safeguard its interests.

The FWC considered the provisions of the proposed agreement and found that it contained mechanisms for the resolution of workplace disputes that were fair and effective. The FWC noted that the agreement provided for the establishment of a joint dispute resolution committee, which would be responsible for addressing any disputes that arose between the parties. The FWC also found that the agreement included provisions for mediation and, if necessary, arbitration of disputes. The FWC concluded that the proposed agreement met the requirements of section 234 of the Fair Work Act 2009 and approved the application for registration.

The FWC ordered that the proposed agreement be registered and made applicable to the workers employed by IPR Contracting Pty Ltd. The CFMEU and IPR Contracting Pty Ltd were directed to take all necessary steps to give effect to the registered agreement. The FWC also ordered that the agreement be published on the FWC’s website to ensure transparency and promote consistency in the industrial relations system.

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