Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2485

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2295)

IKON INSTALLATIONS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER SIMPSON	BRISBANE, 4 JULY 2024

Application for approval of the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and Ikon Installations (QLD) Pty Ltd. The dispute centres on the proposed collective agreement between the two parties for the period 2023–2027. The case was heard in the Fair Work Commission of Australia, which has jurisdiction over employment agreements and industrial relations matters.

The primary legal issues before the Commission were whether the proposed collective agreement complied with the Fair Work Act 2009, and whether it was in the best interests of the employees covered by the agreement. The CFMEU argued that the agreement was fair and reasonable, while Ikon Installations contended that certain provisions were overly burdensome and would negatively impact their business operations.

In its decision, the Commission carefully examined the proposed terms and conditions, considering the principles of fairness and reasonableness under the Fair Work Act. The Commission noted that the agreement included provisions for wage increases, improved working conditions, and dispute resolution mechanisms. After weighing the arguments from both sides, the Commission concluded that the agreement was generally fair and in the best interests of the employees, and approved the collective agreement.

The Fair Work Commission approved the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027, finding it to be fair and reasonable in accordance with the Fair Work Act. The agreement is now in effect, governing the employment terms and conditions of the employees covered by the collective agreement.

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