The CFMEU appealed against the decision of DP Ives [2007] AIRC 737 (PR978139) that the AIRC could review decisions of the Victorian Building Industry Disputes Panel (VBIDP) relating to site allowances. The decision of DP Ives which is under appeal concerned two projects being undertaken by JA Dodd Pty Ltd at Caroline Springs and a railway station upgrade.
The CFMEU argued that whilst VBIDP decisions generally may be reviewed by the AIRC, disputes concerning site allowances are to be determined by the Chairman of the VBIDP alone and not subject to review.
The ABCC intervened in support of the original decision of DP Ives that the AIRC could review all decisions of the VBIDP, including decisions on site allowances.
The Full Bench handed down its decision on 29 November 2007. The Full Bench found that:
Whilst the general disputes settlement provision in the agreement conferred power on the VBIDP, cl.11 of Appendix C of the agreement concerning site allowances confers power on the Chairman alone.
Appendix C to the Agreement indicates that the power to determine site allowance disputes is conferred on the Chairman and the parties did not intend that he should deal with such disputes in accordance with the Charter under which the VBIDP generally operates.
It follows that the AIRC has no jurisdiction to review decisions on site allowance disputes which have been made by the Chairman of the VBIDP.
The Full Bench upheld the appeal and quashed the decision of DP Ives.