I & P Contracting Services Pty Ltd and Thorpdale Contracting Services Pty Ltd in partnership T/A Able On-Site Services

[2021] FWCA 4851

[2021] FWCA 4851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I & P Contracting Services Pty Ltd and Thorpdale Contracting Services Pty Ltd in partnership T/A Able On-Site Services
(AG2021/6355)

ABLE ON SITE SERVICES AND CFMEU AND YALLOURN POWER STATION & OPEN CUT MINE 2020

Building services
COMMISSIONER CIRKOVIC	MELBOURNE, 6 AUGUST 2021

Application for approval of the Able On Site Services and CFMEU and Yallourn Power Station & Open Cut Mine 2020.

[1] I & P Contracting Services Pty Ltd and Thorpdale Contracting Services Pty Ltd in partnership T/A Able On-Site Services (the Applicant) has made an application for approval of an enterprise agreement known as the Able On Site Services and CFMEU and Yallourn Power Station & Open Cut Mine 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 30 July 2021.

[3] On 30 July 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  The Commission sought a revised signature page with the Employer’s Post code in the address;

•  The Commission requested submissions with respect to Agreement pre-approval requirements;

•  The definition of a shiftworker for the purposes of the NES; and

•  Better off overall concerns with respect to the exact test time that applies to the Agreement and clause 8.2.4 with respect to trainees.

[4] The Applicant provided submissions on the above concerns and has submitted an undertaking in the required form dated 6 August 2021. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The test time for the purposes of the Agreement is 9 July 2021.

•  Clause 8.2.4 of the Agreement with respect to trainees is to be deleted.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertakings.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to terms of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 January 2024.

COMMISSIONER

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