DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3361)

IPR CONTRACTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 JULY 2015

Application for approval of the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a greenfields agreement known as the IPR Contracting Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (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, Mining and Energy Union.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement was approved on 31 July 2015 and, in accordance with s.54 of the Act, will operate from 7 August 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a collective agreement between IPR Contracting Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether the agreement provided for fair and reasonable terms and conditions of employment.

The central legal issue before the FWC was whether the proposed collective agreement was consistent with the principles of the Fair Work Act, particularly in relation to the fairness of the terms and conditions of employment. The FWC considered whether the agreement adequately protected the rights and interests of both employers and employees and whether it aligned with the broader objectives of the Act, including the promotion of productivity, economic efficiency, and social inclusion. The CFMEU argued that the agreement provided for fair and reasonable terms and conditions of employment, while IPR Contracting Pty Ltd contended that certain provisions were unreasonable and not in line with industry standards.

The FWC concluded that the proposed collective agreement met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the economic context and the need to balance the interests of both parties. The FWC noted that the agreement included provisions for minimum wage rates, overtime, leave entitlements, and dispute resolution mechanisms, which were consistent with the principles of the Act. The Commission determined that the benefits of the agreement, in terms of providing certainty and stability to the workforce, outweighed any potential disadvantages.

The FWC approved the collective agreement, subject to certain conditions. The decision was made on the basis that the agreement provided for fair and reasonable terms and conditions of employment and aligned with the objectives of the Fair Work Act. The approval was granted on the condition that the agreement would be subject to review and potential amendments in light of any changes in economic circumstances or other relevant factors.

Construction, Forestry, 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