DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6992)

IKON INSTALLATIONS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 JANUARY 2016

Application for approval of the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise Agreement known as the Ikon Installations (QLD) Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the Construction, Forestry, Mining and Energy Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 12 January 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of a collective agreement between Ikon Installations (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission, Australia’s independent workplace relations tribunal. The primary dispute centred around whether the collective agreement met the criteria for approval under the Fair Work Act 2009, including its alignment with the provisions concerning the avoidance of industrial action and the protection of the rights of non-union members.

The legal issues that the Commission was required to address involved scrutinising the terms of the collective agreement to ensure it did not authorise or encourage industrial action that would contravene the Fair Work Act. Additionally, the Commission had to assess whether the agreement adequately protected the rights of employees who were not members of the CFMEU. The crux of the case lay in interpreting the provisions of the Fair Work Act and ensuring that the agreement did not facilitate industrial action that could disrupt business operations or unfairly benefit union members over non-members.

The Fair Work Commission found that the collective agreement did not authorise or encourage industrial action that would be unlawful under the Fair Work Act. The Commission also determined that the agreement appropriately safeguarded the rights of non-union members, ensuring they were not disadvantaged by the terms of the agreement. Consequently, the Commission approved the collective agreement, finding it compliant with the legislative requirements. This decision underscored the importance of balancing the rights of union members and employers while ensuring the protection of non-union members’ rights.

Construction, Forestry, 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