DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3203)

ICON CO (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 27 JULY 2015

Application for approval of the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frankipile Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Icon Co (NSW) Pty Ltd. The dispute centred around the approval of the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017. The matter was heard in the Fair Work Commission (FWC), Australia's independent national workplace relations tribunal. The FWC is responsible for making and enforcing workplace laws and resolving workplace disputes.

The central legal issues before the FWC were whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the FWC needed to determine if the agreement was made in good faith, covered the appropriate bargaining unit, and contained the necessary minimum terms and conditions of employment as prescribed by the Act. Additionally, the FWC had to consider if the agreement was procedurally sound, given the process by which it was negotiated and agreed upon.

In examining these issues, the FWC found that the agreement was made in good faith, as evidenced by the negotiation process which included genuine bargaining between the parties. The FWC also concluded that the agreement appropriately defined the bargaining unit and contained all the required minimum terms and conditions. The tribunal determined that the process by which the agreement was negotiated and finalised was procedurally fair, meeting the standards set out in the Act. Therefore, the FWC approved the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2015 - 2017, recognising it as a lawful and binding instrument under Australian workplace law.

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