DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5843)

ICON CORPORATE SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 8 JULY 2021

Application for approval of the Icon Corporate Services Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Icon Corporate Services Pty Ltd / CFMEU Collective Agreement 2019-2023 (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 15 July 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 the approval of a collective agreement between Icon Corporate Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2023. The primary dispute was whether the agreement complied with the relevant statutory provisions and met the requirements for endorsement by the Commission. The Commission had to determine if the agreement was fair and reasonable, taking into account the principles of good faith bargaining and the public interest.

The key legal issues before the Commission were whether the agreement adhered to the requirements of the Fair Work Act 2009, including provisions relating to the right to bargain, good faith, and the avoidance of industrial action. Additionally, the Commission had to assess whether the agreement was fair and reasonable, considering the rights and interests of the employees and the employer. The Commission also needed to determine if the agreement would facilitate productive industrial relations and avoid industrial action.

The Commission found that the agreement was consistent with the principles of good faith bargaining and was fair and reasonable. The agreement provided for a comprehensive set of terms and conditions that were reflective of the parties' bargaining positions and interests. The Commission considered that the agreement balanced the rights and obligations of both the employer and the employees, and it would promote productive industrial relations. The Commission also noted that the agreement addressed several important issues, including pay rates, leave entitlements, and dispute resolution mechanisms. As such, the Commission approved the agreement, finding it to be compliant with the statutory requirements and in the public interest.

The Commission's decision to approve the agreement was based on its finding that the agreement was fair and reasonable and would facilitate productive industrial relations. The Commission considered that the agreement provided for a comprehensive set of terms and conditions that were reflective of the parties' bargaining positions and interests. The Commission also noted that the agreement addressed several important issues, including pay rates, leave entitlements, and dispute resolution mechanisms. The Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties, and it was made in accordance with the relevant statutory provisions. The Commission's approval of the agreement ensures that it will be legally binding on both parties and will promote harmonious industrial relations in the relevant industry.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established