Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4563)

IKON INSTALLATIONS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 NOVEMBER 2022

Application for approval of the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022

An application has been made for approval of an enterprise agreement known as the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020-2022 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2022. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a proposed collective agreement between Ikon Installations (QLD) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant, Ikon Installations, sought to formalise its employment terms and conditions with the CFMEU under a new collective agreement spanning 2020-2022. The CFMEU, representing the employees, had negotiated the agreement with the employer, aiming to provide a framework that balanced the interests of both parties.

The primary legal issue addressed by the Commission was whether the proposed collective agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for good faith bargaining and the avoidance of provisions that might be contrary to public policy or have detrimental effects on employees' rights. The Commission had to ensure that the agreement did not include any unfair terms, was consistent with the statutory minimum standards, and was achieved through genuine bargaining.

The Commission assessed the agreement clause by clause, considering its compliance with the statutory requirements. It found that the proposed agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged employees. The Commission was satisfied that the agreement was the result of genuine negotiations between the parties, and that it met the statutory minimum standards. Consequently, the Commission approved the application and the collective agreement was duly registered.

No further orders were made by the Commission as the primary application for approval was granted. The decision confirmed the validity of the negotiated terms and provided a framework for employment conditions between Ikon Installations and the CFMEU for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established