Industrial Demolition Services Pty Ltd

[2021] FWCA 6658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Demolition Services Pty Ltd
(AG2021/8148)

IDS ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	CANBERRA, 12 NOVEMBER 2021

Application for approval of the IDS Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the IDS Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Demolition Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

[3] Subject to the undertaking 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2021. The nominal expiry date of the Agreement is 11 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Industrial Demolition Services Pty Ltd sought approval of the IDS Enterprise Agreement 2021, which was negotiated with the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought before the Fair Work Commission, as the Fair Work Act 2009 requires that enterprise agreements be approved by the Commission. The union argued that the agreement contained provisions that were contrary to public policy, while Industrial Demolition Services Pty Ltd contended that the provisions were necessary to protect its business interests.

The Commission was required to determine whether the provisions of the agreement were consistent with the Fair Work Act 2009 and whether they were in the best interests of the employees. The Commission noted that the agreement contained a provision that allowed the company to dismiss employees for any reason, which the union argued was contrary to public policy. The Commission also considered the impact of the agreement on the employees' rights and entitlements. Ultimately, the Commission found that the agreement did not contain any provisions that were contrary to public policy or that were not in the best interests of the employees.

The Fair Work Commission approved the IDS Enterprise Agreement 2021, finding that the agreement was consistent with the Fair Work Act 2009 and was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the provision allowing the company to dismiss employees for any reason was not contrary to public policy, as it was consistent with the general law of employment contracts. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established