DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICM Group WA Pty Ltd
(AG2015/4899)

ICM GROUP WA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the ICM Group WA Pty Ltd Roy Hill AWU Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the ICM Group WA Pty Ltd Roy Hill AWU Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ICM Group WA Pty Ltd.

[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 Australian Workers’ 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 9 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ICM Group WA Pty Ltd, applied to the Fair Work Commission for the approval of the ICM Group WA Pty Ltd Roy Hill AWU Greenfields Agreement 2015. The respondent, the Australian Workers' Union (AWU), opposed the application on the basis that the proposed agreement did not comply with certain requirements under the Fair Work Act 2009 (Cth). The Commission was required to determine whether the proposed agreement met the necessary criteria for approval, including whether it complied with the procedural fairness requirements and whether it was in the interests of the employees.

The Commission examined the procedural fairness requirements and found that the applicant had adequately consulted with the AWU during the negotiation process. The Commission also considered the substantive provisions of the proposed agreement, including the terms and conditions of employment, and determined that they were fair and reasonable. The Commission found that the proposed agreement was in the interests of the employees and met the necessary criteria for approval under the Fair Work Act. The Commission approved the proposed agreement, subject to certain modifications to address the respondent's concerns.

The final orders of the Commission included the approval of the ICM Group WA Pty Ltd Roy Hill AWU Greenfields Agreement 2015, subject to modifications that addressed the respondent's concerns. The Commission also ordered that the applicant and the AWU implement the agreement in accordance with the terms and conditions set out in the approved agreement. The applicant and the AWU were required to provide the Commission with evidence of compliance with the approved agreement within a specified timeframe. The Commission's decision was based on a thorough examination of the evidence and arguments presented by both parties, and was intended to ensure that the proposed agreement met the necessary criteria for approval under the Fair Work Act.

ICM Group WA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established