DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2016/7351)

ICM PROPERTY SERVICES PTY LTD AND CMEU SUPPLEMENTARY LABOUR HIRE, SITE CLEANING AND TRAFFIC MANAGEMENT SECTOR AGREEMENT 2016

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 12 DECEMBER 2016

Application for approval of the ICM Property Services Pty Ltd and CMEU Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ICM Property Services Pty Ltd and CMEU Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 12 December 2016 and, in accordance with s.54, will operate from 19 December 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFME) filed an application with the Fair Work Commission for approval of a sector agreement, the ICM Property Services Pty Ltd and CMEU Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016. The agreement was intended to cover employees of ICM Property Services Pty Ltd, a company engaged in labour hire, site cleaning, and traffic management services. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided adequate protections for employees and whether it complied with the statutory criteria set out in the Fair Work Act. This included considerations of whether the agreement met the "better off overall test" (BOOT) and whether it adhered to procedural requirements. The Commission needed to determine if the agreement provided employees with protections that were no less favourable than the relevant modern awards and if it was made in accordance with the necessary processes.

In assessing the application, the Commission examined the terms and conditions of the agreement, including wage rates, penalties for breaches, and dispute resolution mechanisms. It found that the agreement provided employees with protections that were at least as good as those in the relevant modern awards. Additionally, the Commission determined that the agreement was made following proper consultation and negotiation processes, in compliance with the statutory requirements. Based on these findings, the Commission approved the agreement, confirming that it met the necessary criteria under the Fair Work Act.

The Fair Work Commission approved the ICM Property Services Pty Ltd and CMEU Supplementary Labour Hire, Site Cleaning and Traffic Management Sector Agreement 2016, subject to the terms and conditions outlined in the agreement. This decision validated the protections provided to employees and confirmed that the agreement was made in accordance with the statutory requirements. The approval ensures that employees of ICM Property Services Pty Ltd will benefit from the agreed-upon terms and conditions, providing a framework for their employment that is both legally compliant and beneficial.

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