DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICER Pty Ltd ATF the ICER Trust T/A ICER
(AG2016/7260)

ICER ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the ICER Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ICER Enterprise 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 ICER Pty Ltd ATF the ICER Trust T/A ICER. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 5 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court, the applicant, ICER Pty Ltd, trading as ICER, applied for the approval of the ICER Enterprise Agreement 2016. The application was contested by the Australian Manufacturing Workers’ Union (AMWU), which raised concerns regarding the agreement’s provisions on wages and conditions. The court was required to determine whether the agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees.

The primary legal issues before the court were whether the enterprise agreement adequately met the prerequisites for approval under the Fair Work Act 2009, including whether it contained the mandated minimum terms and conditions, and whether it had been certified as a simple, single-enterprise agreement. Furthermore, the court needed to consider whether the agreement was fair and reasonable in terms of the balance of rights and obligations between the employer and employees, and whether it would promote harmonious, productive, and cooperative workplace relations.

The court held that the ICER Enterprise Agreement 2016 complied with all necessary statutory requirements and was in the best interests of the employees. The court found that the agreement contained all the required minimum terms and conditions and had been certified as a simple, single-enterprise agreement. The court also concluded that the agreement struck an appropriate balance between the rights and obligations of the employer and employees and would foster harmonious, productive, and cooperative workplace relations. Consequently, the court approved the enterprise agreement.

The final orders of the court were that the ICER Enterprise Agreement 2016 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the approval, and both parties were directed to abide by its terms and conditions. The court further ordered that the costs of the application be borne equally by the applicant and the respondent.

ICER Pty Ltd ATF the ICER Trust T/A ICER

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established