DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/1117)

I.C.M. PROPERTY SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 JUNE 2015

Application for approval of the I.C.M. Property Services Pty Ltd / CFMEU Collective Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe I.C.M. Property Services 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 the Construction Forestry Mining and Energy Union (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

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement with I.C.M Property Services Pty Ltd, covering the period from 2015 to 2017. The Fair Work Commission, responsible for overseeing the approval of such agreements, heard the application. The union and the employer sought to establish terms and conditions of employment that would govern their relationship during the specified period.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for "better off overall" as required by the legislation. This involved assessing if the agreement would provide employees with a net benefit compared to the applicable award or safety net minimum terms and conditions.

In reaching its decision, the Commission examined the details of the proposed agreement, taking into account factors such as wage increases, changes to working conditions, and other benefits or detriments to employees. The Commission found that the agreement did indeed provide a net benefit to employees, as it included provisions that exceeded the safety net minimum standards in several areas, including wages and leave entitlements. Consequently, the Commission approved the agreement, finding it to be fair and meeting the statutory requirements.

The Fair Work Commission approved the collective agreement, acknowledging it as a fair and legally compliant arrangement that provided employees with improved terms and conditions of employment. The decision underscored the importance of ensuring that collective agreements deliver tangible benefits to employees, thereby upholding the principles of the Fair Work Act.

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