DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2016)

I.C.M PROPERTY SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 1 JUNE 2018

Application for approval of the I.C.M Property Services Pty. Ltd. / CFMEU Collective Agreement 2018.

[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 2018 (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 8 June 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Industrial Court of Victoria considered an application for the approval of a collective agreement between I.C.M Property Services Pty. Ltd. and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant, I.C.M Property Services, sought to have the agreement, which governs the terms and conditions of employment for its workers, formally recognised and enforced. The CFMEU, representing the employees, did not oppose the application, indicating their consent to the terms outlined in the agreement.

The primary legal issues before the court were whether the collective agreement met the statutory requirements for approval under the relevant industrial legislation and whether the process for its negotiation and content was compliant with legal standards. This included examining if the agreement was made in good faith, whether it provided for the proper regulation of the workplace, and if it included provisions that were fair and reasonable for both parties.

The court thoroughly reviewed the agreement, considering its compliance with the criteria set out in the legislation. It was satisfied that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The court also found that the agreement provided for the proper regulation of the workplace and met all the necessary statutory requirements. Consequently, the court approved the collective agreement, enabling it to be enforced as a binding contract between I.C.M Property Services and the CFMEU.

The court ordered that the collective agreement between I.C.M Property Services Pty. Ltd. and the CFMEU be approved and registered, effective from the date of the court's decision. This approval formalises the agreement, allowing it to be used as a basis for resolving disputes and governing the employment conditions of the workers represented by the CFMEU.

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