DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/588)

ICON CORPORATE SERVICES PTY LTD AND CFMEU ACT ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MARCH 2019

Application for approval of the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2019.

[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 2019 (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 27 March 2019. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2019 before the Fair Work Commission. The Construction, Forestry, Maritime, Mining and Energy Union sought approval of the agreement, which was intended to govern the employment terms and conditions of certain workers under the enterprise. The dispute centred on whether the agreement met the legal criteria for approval, particularly in relation to the Fair Work Act's requirements for good faith bargaining and compliance with procedural fairness.

The court was required to determine if the agreement was genuinely bargained in good faith and if the process of bargaining was fair. It also had to assess whether the agreement complied with all statutory provisions, including provisions relating to minimum entitlements and the protection of workers' rights. Furthermore, the court needed to consider if the agreement provided for proper mechanisms for resolving disputes and if it was in the best interests of the workers it covered.

After examining the evidence and submissions, the court concluded that the agreement had been genuinely bargained in good faith and that the process was fair. The court found that the agreement met all statutory requirements and provided adequate mechanisms for resolving disputes. It was also in the best interests of the workers covered by the agreement. Therefore, the court approved the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2019. The final orders included the approval of the agreement, subject to certain conditions to ensure ongoing compliance with the Fair Work Act.

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