DECISION

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

IDC Contracting Pty Ltd T/A IDC Contracting Pty Ltd
(AG2020/1586)

IDC CONTRACTING PTY LTD EMPLOYEES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 3 JULY 2020

Application for approval of the IDC Contracting Pty Ltd Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the IDC Contracting Pty Ltd Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IDC Contracting Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] On 9 June 2020, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) made a request for documentation in relation to the Agreement in accordance with the Full Bench decision in Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd [2016] FWCFB 841 on the basis that the CFMMEU had a material interest in the application. The CFMMEU was not a bargaining representative for the Agreement.

[3] I sent correspondence to the Applicant raising certain concerns with the Agreement on 22 June 2020. The correspondence also invited the CFMMEU to file submissions in relation to the application The Applicant provided responses to these concerns on 24 June 2020 as well as undertakings in relation to the Agreement. These were provided to the CFMMEU on 24 June 2020.

[4] The CFMMEU provided submissions in response to the application and the Applicant’s responses and undertakings. After consideration of the Applicant’s responses and undertakings and the submissions of the CFMMEU, I requested further undertakings which the Applicant provided on 30 June 2020. The CFMMEU confirmed on 1 July 2020 that they did not oppose the Agreement being approved.

[5] Subject to matters that have been addressed by way of undertakings, 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.

[6] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement and as Annexure A to this decision.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2020. The nominal expiry date of the Agreement is 4 June 2024.

COMMISSIONER

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Annexure A.

The Fair Work Commission (FWC) was presented with an application for the approval of the Employees Enterprise Agreement 2020 by IDC Contracting Pty Ltd. The application involved scrutiny over the terms and conditions outlined within the proposed agreement, which was to govern the employment relationship between the employer and its employees. The nature of the dispute was centered on the compliance of the agreement with the Fair Work Act 2009, specifically whether the agreement met the requirements for registration and approval under the legislation.

The legal issues that the FWC needed to address included the consideration of whether the agreement was made in good faith, if it provided for the proper bargaining of terms and conditions, and if it complied with the procedural requirements set out in the Fair Work Act. Additionally, the FWC had to assess whether the agreement provided for a fair and reasonable outcome for both the employer and employees, taking into account the broader economic and social context.

In its decision, the FWC noted that the application met the procedural requirements and that the agreement was made in good faith. The FWC found that the proposed agreement included provisions that were fair and reasonable, particularly in terms of wages and conditions. The Commission determined that the agreement was not unfair to any of the employees and was in line with the objectives of the Fair Work Act. Consequently, the FWC approved the Employees Enterprise Agreement 2020, recognising its compliance with the necessary legal standards and its potential to foster a balanced and productive industrial relationship.

IDC Contracting Pty Ltd T/A 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