DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

IDC Contracting Pty Ltd
(AG2015/2988)

IDC CONTRACTING PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 JUNE 2015

Application for approval of the IDC Contracting Pty Ltd Employees Enterprise Agreement 2015 - 2019.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 12 June 2015 by IDC Contracting Pty Ltd for the approval of a single-enterprise agreement known as the IDC Contracting Pty Ltd Employees Enterprise Agreement 2015 - 2019(“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Independent Contractors Association (ICA) lodged an application seeking approval of the IDC Contracting Pty Ltd Employees Enterprise Agreement 2015-2019. The applicant argued that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The ICA contended that the agreement was made in good faith and was necessary for the operation of a fair and efficient workplace. The dispute centred around whether the agreement adequately covered the terms and conditions of employment and provided for the proper representation of employees.

The legal issues before the court were whether the agreement was made in good faith, if it was necessary for the operation of a fair and efficient workplace, and whether it provided for the proper representation of employees. The ICA argued that the agreement satisfied all the statutory requirements for approval. The ICA contended that the agreement had been negotiated in good faith and was necessary for the operation of a fair and efficient workplace. The ICA further argued that the agreement provided for the proper representation of employees through the inclusion of provisions for the election of employee representatives.

The Fair Work Commission found that the agreement was made in good faith and was necessary for the operation of a fair and efficient workplace. The Commission found that the agreement provided for the proper representation of employees through the inclusion of provisions for the election of employee representatives. The Commission determined that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The Commission approved the agreement and issued a certificate of registration under section 234 of the Act.

The Fair Work Commission approved the IDC Contracting Pty Ltd Employees Enterprise Agreement 2015-2019 and issued a certificate of registration under section 234 of the Fair Work Act 2009. The Commission found that the agreement was made in good faith, was necessary for the operation of a fair and efficient workplace, and provided for the proper representation of employees. The ICA's application for approval of the agreement was successful.

IDC Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established