DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ireland Brown Pty Ltd T/A IB Projects (Vic)
(AG2017/4797)

IB PROJECTS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the IB Projects Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the IB Projects Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ireland Brown Pty Ltd T/A IB Projects (Vic). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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 23 March 2018. The nominal expiry date of the Agreement is 15 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ireland Brown Pty Ltd T/A IB Projects (Vic) was the subject of an application for the approval of the IB Projects Pty Ltd Enterprise Agreement 2017. The application was made to the Fair Work Commission, which had to determine whether the agreement was in the interests of employees and the employer. The dispute arose from negotiations between the employer and the employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), over the terms of their employment. The key issues included wage rates, working conditions, and other employment-related matters.

The Fair Work Commission had to decide if the proposed agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and if it was made in good faith. Additionally, the Commission had to assess whether the agreement provided adequate protections for employees, including provisions for termination and redundancy. The Commission also had to ensure that the agreement did not discriminate against any particular group of employees and that it complied with relevant industrial laws and regulations.

In delivering the decision, the Fair Work Commission examined the evidence and submissions presented by both parties. The Commission found that the proposed agreement was fair and reasonable, and it was made in good faith. The agreement provided for adequate wage rates and working conditions, and it included provisions for termination and redundancy that were fair and just. The Commission concluded that the agreement met all the statutory requirements and was in the interests of both the employees and the employer. Therefore, the Commission approved the IB Projects Pty Ltd Enterprise Agreement 2017.

The final orders of the Fair Work Commission approved the IB Projects Pty Ltd Enterprise Agreement 2017, effective from the date of the decision. The agreement was to apply to all employees of Ireland Brown Pty Ltd T/A IB Projects (Vic) who were covered by the agreement. The Commission's decision provided certainty and stability to the employment relationship between the parties, and it ensured that the employees were protected under fair and reasonable terms and conditions of employment.

Ireland Brown Pty Ltd T/A IB Projects (Vic)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established