Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8129)

I.C.M. PROPERTY SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 10 NOVEMBER 2021

Application for approval of the I.C.M. Property Services Pty. Ltd. / CFMEU Collective Agreement 2021-2023

[1] An application has been made for approval of an enterprise agreement known as the I.C.M. Property Services Pty. Ltd. / CFMEU Collective Agreement 2021-2023 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a proposed collective agreement between I.C.M. Property Services Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union. The application was brought by the union, and the company did not oppose the approval. The nature of the dispute centred on the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act 2009, and whether it met the statutory requirements for approval. Specifically, the Commission had to determine whether the agreement provided for the "better off overall test" and whether it contained any provisions that were contrary to public policy or not in the best interests of the employees.

The Fair Work Commission found that the proposed agreement was compliant with the requirements of the Act and met the "better off overall test". The Commission noted that the agreement provided for improvements in wages, conditions, and other benefits for the employees, and that there were no provisions that were contrary to public policy or not in the employees' best interests. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for all parties, and approved the agreement accordingly.

The Fair Work Commission approved the proposed I.C.M. Property Services Pty. Ltd. / CFMEU Collective Agreement 2021-2023. The agreement is now registered and in effect, governing the employment conditions of the workers covered by the agreement. The Commission's decision provides certainty and clarity for both the employer and the employees, and ensures that the agreement is compliant with the relevant legislation.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established