Construction, Forestry and Maritime Employees Union

[2025] FWCA 2481

[2025] FWCA 2481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2248)

IKONCIVIL AUSTRALIA PTY LTD T/AS IKON GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 28 JULY 2025

Application for approval of the Application for approval of the IkonCivil Australia Pty Ltd T/As Ikon Group and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the IkonCivil Australia Pty Ltd T/As Ikon Group and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 17 July 2025.

1. On 22 July 2025, I conducted a telephone conference with the Applicant to seek clarification about aspects of the Agreement including a concern about genuine agreement and whether or not the two employees who voted on the agreement were employed across the range of possible classifications and therefore had sufficient interest as per the decision in One Key.[1]

1. To remedy the issue of genuine agreement, the Applicant submitted an undertaking in the required form dated 23 July 2025, a copy of which is attached to the Agreement. The undertaking in effect, operates to reduce the scope of the Agreement as follows:

·  The second paragraph to the preamble in Appendix B will not form part of the Agreement.

·  Employees engaged in the Carpenter/Joiner and Marker/Setter Out classifications will not be covered by the Agreement.

1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

1. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

[1] One Key Workforce Pty Ltd v Construction, Forestry, Mining and Energy Union [2018] FCAFC 77.

Printed by authority of the Commonwealth Government Printer

<AE529843  PR790057>