Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2695

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2532)

ICON CORPORATE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024/2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2024

Application for approval of the Icon Corporate Services Pty Ltd/CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Icon Corporate Services Pty Ltd/CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Commission, including the application and accompanying declarations, I am satisfied that each of the requirements of ss 186 and 187 as are relevant to this application for approval has been met. In accordance with s 186(1), the Commission must therefore approve the Agreement.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Icon Corporate Services Pty Ltd, an employer, and the Construction, Forestry and Maritime Employees Union (CFMEU), a trade union, sought the approval of a collective agreement from the Fair Work Commission. The dispute centred on the terms and conditions of employment, as outlined in the proposed collective agreement for the period 2024-2027. The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to its compliance with the national workplace relations system and its alignment with the principles of fairness and reasonableness.

The Commission examined the provisions of the collective agreement in detail, considering its adherence to the national system's objectives and the broader workplace relations framework. A key aspect of the review was assessing whether the agreement provided adequate protections and benefits for employees while balancing the legitimate interests of the employer. The Commission also considered the bargaining process, ensuring it was conducted in good faith and without coercion. Ultimately, the Commission found that the agreement satisfied the necessary legal standards and did not contravene any provisions of the Fair Work Act.

Consequently, the Fair Work Commission approved the Icon Corporate Services Pty Ltd/CFMEU Collective Agreement 2024-2027, recognising it as meeting the requirements of the national workplace relations system. The approval signifies that the agreement can now be implemented as a binding instrument governing the employment conditions between the parties. This decision underscores the importance of collective bargaining in achieving fair and reasonable outcomes for both employers and employees within the national workplace relations framework.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established