IP Contractors Pty Ltd T/A Interactive Projects

[2017] FWCA 5226

[2017] FWCA 5226

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

IP Contractors Pty Ltd T/A Interactive Projects

(AG2017/2359)

IP Contractors Pty Ltd Enterprise Agreement 2017-2021

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2017

Application for approval of the IP Contractors Pty Ltd Enterprise Agreement 2017-2021.

1. An application has been made for approval of an enterprise agreement known as the IP Contractors Pty Ltd Enterprise Agreement 2017-2021 (“the Agreement”). The application is made under s.185 of the Fair Work Act 2009 (Cth) (“the Act”) by IP Contractors Pty Ltd T/A Interactive Projects (“IP Contractors”). It is a single enterprise agreement.

1. After receiving the application the Commission was contacted by a representative from the Construction & General Division of the New South Wales Branch of the Construction, Forestry, Mining, and Energy Union (“the CFMEU”) and informed that it had members employed by IP Contractors and sought copies of the documentation associated with the application. It made reference to the Full Bench decision in Construction, Forestry, Mining and Energy Union v Ron Southon Pty Ltd [2016] FWCFB 8413 in support of this request. The F16 Application and the F17 Employer’s Statutory Declaration, together with a copy of the Agreement, were subsequently forwarded to the CFMEU by the Commission in response to this request.

1. The CFMEU then indicated that it wished to be heard in regard to the application. It advised that one of the issues it wished to pursue concerned the fact that the Applicant had not advised the Union, as a bargaining representative, of the commencement of the voting period. IP Contractors indicated in response that it did not believe the CFMEU was a bargaining representative, and noted that each of the employees to be covered by the proposed Agreement had nominated one of two individual employees to be their bargaining representatives. However, the matter was set down for hearing on 10 August 2017 in accordance with the request from the CFMEU.

1. However, on 2 August 2017, the CFMEU advised that after again reviewing the circumstances involved it appeared that it did not have members employed by IP Contractors at the relevant time, and it was accordingly not a bargaining agent for the Agreement. The Commission accordingly cancelled the scheduled hearing and advised the parties that the matter would now be determined on the basis of the materials before the Commission.

1. I have reviewed the Application and the Employer’s Statutory Declaration, together with the terms and conditions contained in the Agreement, and the other materials now before the Commission. I note, in particular, that the Agreement contains wage rates that are well in excess of those contained in the underlying Award, that being the Building and Construction General On-site Award 2010. I am satisfied, in conclusion, that each of the requirements in ss.186, 187 and 188, as are relevant to this application for approval, have been met.

1. The Agreement is approved and in accordance with s.54 of the Act will operate from 17 October 2017. The nominal expiry date of the Agreement is 16 October 2021.

COMMISSIONER

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