DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2954)

ICONIC STRUCTURES SYDNEY PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 OCTOBER 2020

Application for approval of the Iconic Structures Sydney Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Iconic Structures Sydney Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 21 October 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this application were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Iconic Structures Sydney Pty Ltd. The dispute centred on the CFMEU's application for approval of a collective agreement between the union and the company for the period 2019-2022. The matter was heard in the Fair Work Commission. The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, specifically under section 234 of the Fair Work Act 2009, and whether the agreement contained any provisions that were contrary to public policy or contrary to the objectives of the Act.

In delivering its decision, the Commission examined the provisions of the agreement in detail, considering both the substantive content and procedural aspects of the application. The Commission assessed whether the agreement had been made in good faith and whether it provided for the fair and efficient resolution of workplace issues. The Commission also considered whether the agreement provided adequate protections for employees and did not unfairly disadvantage any party. Ultimately, the Commission found that the agreement met the necessary criteria and did not contravene any statutory provisions or public policy considerations. Consequently, the Commission approved the application for the collective agreement.

The Fair Work Commission's decision was based on a thorough analysis of the agreement's provisions, ensuring that it complied with the legal standards required for approval. The Commission determined that the agreement was fair and reasonable, providing appropriate protections and mechanisms for resolving workplace issues. The approval of the agreement was granted, allowing the CFMEU and Iconic Structures Sydney Pty Ltd to proceed under the terms set out in the collective agreement for the specified period. This outcome reflects the Commission's role in facilitating fair and effective industrial relations between employers and employees.

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