DECISION

Fair Work Act 2009
s.185—Enterprise agreement

I & P Contracting Services Pty Ltd & Ranscor Pty Ltd & Thorpdale Contracting Services Pty Ltd T/A Able On Site Services
(AG2017/238)

ABLE ON SITE SERVICES AND CFMEU YALLOURN POWER STATION AND OPEN CUT MINE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2017

Application for approval of the Able On Site Services and CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Able On Site Services and CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by I & P Contracting Services Pty Ltd & Ranscor Pty Ltd & Thorpdale Contracting Services Pty Ltd t/a Able On Site Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2017. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, I & P Contracting Services Pty Ltd, Ranscor Pty Ltd, and Thorpdale Contracting Services Pty Ltd trading as Able On Site Services, sought approval of the CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016 from the Fair Work Commission. The matter was brought before the Full Bench of the Fair Work Commission, which included Commissioner McCabe, Deputy President Dow, and Commissioner Ryan. The applicants aimed to have the enterprise agreement registered under the Fair Work Act 2009, which requires that the agreement is not contrary to public interest and does not have an adverse effect on the economy.

The legal issues before the court involved whether the enterprise agreement was contrary to the public interest and whether it would adversely affect the economy. The applicants argued that the agreement was necessary for the business to operate efficiently and that the terms were reasonable. The Commission needed to weigh the rights of the employers and employees against the broader public interest and economic implications. The court considered the specific provisions of the agreement, particularly those relating to employee entitlements and operational requirements, to determine if these would negatively impact the economy or public interest.

The Full Bench found that the enterprise agreement did not adversely affect the economy or contravene the public interest. The Commission noted that the agreement was necessary for the efficient operation of the business and that the terms were reasonable and in line with industry standards. The court concluded that the agreement would not have an adverse effect on the economy and was in the best interest of the parties involved. The Full Bench approved the CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016, allowing it to be registered under the Fair Work Act.

The Fair Work Commission approved the CFMEU Yallourn Power Station and Open Cut Mine Enterprise Agreement 2016. The applicants were granted the relief they sought, with the agreement being registered under the Fair Work Act 2009. The Full Bench's decision was based on the finding that the agreement was necessary for the efficient operation of the business and that the terms were reasonable, not adversely affecting the economy or public interest. This outcome allows the enterprise agreement to be implemented, providing a framework for the employment conditions of the parties involved.

I & P Contracting Services Pty Ltd & Ranscor Pty Ltd & Thorpdale Contracting Services Pty Ltd T/A Able On Site Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established