These matters concern applications for review by the AIRC of decisions of the Victoria Building Industry Disputes Panel (the panel or VBIDP) under s.170LW of the pre-reform Workplace Relations Act 1996.
The reviews relate to the interpretation of the site allowance formula in a certified agreement. The agreement provides that no site allowance is payable on any project where the “project value” is below $2.1 million and payment of a site allowance on a sliding scale for projects valued about that amount.
On 28 June DP Ives handed down a decision in which he ruled that whilst the AIRC had jurisdiction to review decisions of the full VBIDP, it could review a decision of the Chairman. Such a decision needs to be made by the full Panel before it can be reviewed by the AIRC.
As well as the construction of a civic centre and sports facility at Caroline Springs (the subject of the AIRC decision of 28 June – see earlier report). Dodd is also performing work under contract to the Director of Public Transport to upgrade four railway stations in Melbourne. The contract value of this work is $13 million. The Chairman of the VBIDP ruled that because this work forms part of the Eastlink project, the “project value” is $2.5 billion and hence the Eastlink Project site allowance of $5.70 per hour is payable. J A Dodd applied to the AIRC for review of the VBIDP decision.
Following the decision of DP Ives in respect of the Caroline Springs site, Dodd wrote to the VBIDP on 29 June 2007 requesting that the full Panel review the site allowance issue. On 30 July the Chairman of the VBIDP rejected this request and advised that the Chairman alone and not the Panel dealt with disputes over site allowances.
On 2 August Dodd made a further application to the AIRC to have the VBIDP decision reviewed. On 7 September DP Ives handed down his decision in which he ruled that the Chairman had no right to refuse Dodd’s request for a review. DP Ives found that the rejection of Dodds’ referral was at the least a constructive decision or decision of the VBIDP and as such reviewable by the AIRC.
The 7 September 2007 decision of DP Ives is subject to appeal.