DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5289)

ICON CO (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2015

Application for approval of the Icon Co (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 Icon Co (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 2 November 2015. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Icon Co (QLD) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute arose from the negotiation process and the terms of the proposed collective agreement. The Commission, led by Deputy President R L Hardy, was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009.

The legal issues at hand centred on the fairness and compliance of the collective agreement with the relevant legislative framework. The key concerns were whether the negotiation process adhered to the statutory requirements, whether the terms of the agreement were fair and reasonable, and whether the agreement was appropriately certified. The Commission also had to consider the submissions made by both parties regarding the terms and conditions of the agreement.

In its reasoning, the Commission noted that while the parties had engaged in good faith negotiations, there were procedural issues in the negotiation process that needed to be addressed. The Commission found that the terms of the agreement were generally fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. However, the Commission identified certain terms that required modification to ensure compliance with the Act. After considering all submissions and evidence, the Commission determined that the agreement could be approved with modifications to specific terms, ensuring it met all legislative requirements.

The final orders of the Commission included the approval of the collective agreement with modifications to certain terms, subject to the parties' agreement to those modifications. The Commission also directed the parties to address the procedural issues identified during the negotiation process and to ensure compliance with the Fair Work Act 2009 in future negotiations.

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