DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Integrated Facility Solutions (IFS) Pty Ltd T/A Russell-Smith Pty Ltd
(AG2015/2702)

IFS RUSSELL-SMITH & CEPU COLLECTIVE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MAY 2015

Application for approval of the IFS Russell-Smith & CEPU Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the IFS Russell-Smith & CEPU Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Facility Solutions (IFS) Pty Ltd T/A Russell-Smith Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 27 May 2015 and, in accordance with s.54, will operate from 3 June 2015. The nominal expiry date of the Agreement is 6 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Integrated Facility Solutions (IFS) Pty Ltd trading as Russell-Smith Pty Ltd, sought approval of the IFS Russell-Smith & CEPU Collective Agreement 2015 from the Fair Work Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), who raised several objections to the agreement, including its validity and whether it complied with relevant industrial laws. The matter was heard by the Commission, with Commissioner McCabe presiding.

The legal issues before the court centred on whether the agreement was genuinely a collective agreement, whether it was made in good faith, and whether it complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was a bona fide collective agreement made in good faith, while the CFMEU contended that the agreement was invalid and did not meet the necessary legal standards.

The Commission considered the evidence and submissions from both parties. The Commission found that the agreement was genuinely a collective agreement made in good faith. It was also satisfied that the agreement complied with the relevant provisions of the Fair Work Act. The Commission rejected the objections raised by the CFMEU and approved the agreement. The applicant's application was successful.

The Commission approved the IFS Russell-Smith & CEPU Collective Agreement 2015, finding it to be a genuine collective agreement made in good faith and compliant with the Fair Work Act. The objections raised by the CFMEU were rejected.

Integrated Facility Solutions (IFS) Pty Ltd T/A Russell-Smith 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