Construction, Forestry, Maritime, Mining and Energy Union

[2022] FWCA 2591

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/2455)

Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 2 AUGUST 2022

Application for approval of the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022.

The Construction, Forestry, Maritime, Mining and Energy Union has applied for approval of a single enterprise agreement known as the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022 (the Agreement).

The application for approval of the Agreement was not lodged within 14 days after the Agreement was made in accordance with section 185(3)(a) of the Fair Work Act 2009 (Cth). In the circumstances, I consider it fair to extend the period for making the application to 18 July 2022.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 9 August 2022. The nominal expiry date of the Agreement is 1 November 2025.

The Agreement covers the Construction, Forestry, Maritime, Mining and Energy Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Icon Corporate Services Pty Ltd and CFMEU ACT Enterprise Agreement 2022. The agreement in question was made between the union and the employer, covering a range of employment conditions for workers within Icon Corporate Services Pty Ltd. The union argued that the agreement was made in good faith and was fair and reasonable, warranting the court's approval. Conversely, the employer contended that the agreement contained provisions that were not fair and reasonable and were not made in good faith, thus objecting to its approval.

The court was required to determine whether the agreement was made in good faith and whether it was fair and reasonable. The court had to consider the nature of the agreement, the bargaining process, and the fairness of the terms and conditions it contained. The court also needed to decide if the agreement complied with the relevant provisions of the Fair Work Act 2009.

In delivering its decision, the court found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The court noted that the bargaining process was conducted in a manner that was transparent and involved meaningful consultation between the parties. The court also highlighted that the agreement addressed key issues such as wages, working conditions, and dispute resolution mechanisms, which were fair and reasonable. Consequently, the court approved the agreement, stating that it met the necessary criteria for approval under the Fair Work Act 2009. The employer's objections were dismissed, and the agreement was approved as presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established