DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3480)

ICON CORPORATE SERVICES PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 27 NOVEMBER 2020

Application for approval of the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2020 (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 4 December 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Icon Corporate Services Pty Ltd. The central issue was the application for approval of the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2020. The dispute arose due to the complexities in ensuring that the terms of the agreement met the requirements set out under the Fair Work Act 2009, particularly regarding fairness and the public interest.

The key legal issues that the Fair Work Commission had to address included whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission had to consider if the agreement would promote harmonious, productive, and cooperative workplace relations. The Commission also needed to ensure that the agreement did not adversely affect the public interest, including the impact on the broader economy and employment conditions.

After a thorough examination of the agreement, the Fair Work Commission found that the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2020 was made in good faith and contained fair and reasonable terms and conditions. The Commission concluded that the agreement would facilitate harmonious, productive, and cooperative workplace relations and did not have an adverse effect on the public interest. Consequently, the application for approval was granted, and the enterprise agreement was approved.

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