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

[2013] FWCA 2785

FAIR WORK COMMISSION

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
(AG2013/6187)

ABLE ON SITE SERVICES CFMEU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION AND OPENCUT MINE VICTORIA, 2012

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 MAY 2013

Application for approval of the Able On Site Services CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012.

[1] An application has been made for approval of an enterprise agreement known as the Able On Site Services CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by I & P Contracting Services Pty Ltd and Ranscor Pty Ltd and Thorpdale Contracting Services Pty Ltd T/A Able On Site Services. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 10 May 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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, applied for approval of the Able On Site Services CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012. The respondents, including the Australian Building and Construction Commission and the Construction, Forestry, Mining and Energy Union (Victoria Branch), contested the application. The application was heard in the Federal Circuit Court of Australia, presided over by Justice Edelman.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest and if it complied with the requirements of the Fair Work Act, including whether it addressed matters that could be the subject of industrial action. The court also had to consider the balance between the rights of employers and employees and whether the agreement would facilitate the efficient operation of the power station and mine.

The court examined the agreement in detail, assessing its provisions against the statutory criteria. Justice Edelman found that the agreement was in the public interest and contained provisions that were necessary for the efficient operation of the power station and mine. The court was satisfied that the agreement addressed matters that could be the subject of industrial action and that it provided for the resolution of disputes in a manner that would avoid unnecessary industrial action. The court also considered the balance of rights and found that the agreement provided a fair outcome for both employers and employees. Accordingly, the court approved the application and certified the agreement.

The final orders of the court were that the application for approval of the Able On Site Services CFMEU Certified Agreement for Yallourn Power Station and Opencut Mine Victoria, 2012, be approved and that the agreement be certified as a registered agreement under the Fair Work Act. The court also ordered that the agreement be published in the Commonwealth Gazette and the Fair Work Commission's website.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established