Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/182)

Icon Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2022

Application for approval of the Icon Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Icon Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

The Construction, Forestry, Maritime, Mining and Energy 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of a collective agreement between itself and Icon Co (QLD) Pty Ltd for the period 2020 to 2022. The dispute arose due to the nature and scope of the agreement, and whether it complied with relevant statutory requirements.

The key legal issues before the Commission were whether the collective agreement was appropriately negotiated, whether it adhered to statutory provisions, and if it was in the best interests of the employees it sought to cover. The Commission needed to determine if the agreement was consistent with the Fair Work Act 2009 and whether it had been made in good faith.

The Commission found that the collective agreement was indeed appropriately negotiated and complied with the statutory requirements. The Commission was satisfied that the agreement was made in good faith, and it contained provisions that were fair and reasonable. The Union and the employer had demonstrated a genuine effort to reach an agreement that was in the best interests of the employees. The Commission approved the collective agreement, finding that it met the necessary standards for approval.

The Fair Work Commission approved the Icon Co (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022. This decision was based on the Commission's assessment that the agreement was appropriately negotiated, adhered to statutory provisions, and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established