Carmichael Brothers Pty Ltd ATF The Lynlee trading Trust T/A Icon Steel

[2013] FWCA 10017

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Carmichael Brothers Pty Ltd ATF The Lynlee trading Trust T/A Icon Steel
(AG2013/10474)

ICON STEEL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 DECEMBER 2013

Application for approval of the Icon Steel Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 16 December 2013 by Carmichael Brothers Pty Ltd ATF The Lynlee trading Trust T/A Icon Steel for the approval of a single-enterprise agreement known as the Icon Steel Enterprise Agreement 2013 (“the Agreement”).

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Icon Steel Enterprise Agreement 2013. The applicant, Carmichael Brothers Pty Ltd trading as Icon Steel, sought the Fair Work Commission's approval of the agreement, which was entered into with various employees of the company. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the requirements of the Act, including the provisions concerning the scope of the agreement, the parties to the agreement, and the substantive terms of the agreement. The Commission also had to consider whether the agreement was made in good faith and whether it met the Fair Work Act's objectives of providing for a fair and efficient workplace relations system.

The Commission found that the agreement met the statutory criteria for approval. The agreement was made in good faith and contained provisions that were fair and reasonable in all the circumstances. The Commission was satisfied that the agreement provided for a fair and efficient workplace relations system, and that it met the objectives of the Act. Accordingly, the Commission approved the agreement. The decision was made without the need for a full hearing, as the Commission was satisfied that the application met the criteria for summary approval.

The Fair Work Commission approved the Icon Steel Enterprise Agreement 2013. The approval is effective from the date of the decision and will apply to all employees who are party to the agreement. The decision is final and binding on all parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established