ICM Property Services Pty Ltd

[2014] FWCA 6532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ICM Property Services Pty Ltd
(AG2014/8813)

ICM PROPERTY SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 18 SEPTEMBER 2014

Application for approval of the ICM Property Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ICM Property Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ICM Property Services Pty Ltd. 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 18 September 2014 and, in accordance with s.54, will operate from 25 September 2014. The nominal expiry date of the Agreement is 17 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ICM Property Services Pty Ltd applied for approval of the ICM Property Services Pty Ltd Enterprise Agreement 2014, which had been made by the Fair Work Commission on 19 December 2014. The application was made by the employer, ICM Property Services Pty Ltd, under section 234 of the Fair Work Act 2009. The applicant argued that the agreement was a fair and reasonable agreement in accordance with the Act. The Fair Work Commission was required to consider whether the agreement met the criteria set out in the Act and whether it was fair and reasonable.

The court considered whether the agreement provided for a fair and reasonable terms and conditions of employment, whether it provided for a fair and reasonable method of determining wages and other terms and conditions of employment, and whether it was made in accordance with the procedures set out in the Act. The court also considered whether the agreement was consistent with the public interest and whether it was likely to have a detrimental effect on the operations of the business.

The court found that the agreement was fair and reasonable, and that it met the criteria set out in the Act. The court was satisfied that the agreement provided for a fair and reasonable terms and conditions of employment, that it provided for a fair and reasonable method of determining wages and other terms and conditions of employment, and that it was made in accordance with the procedures set out in the Act. The court was also satisfied that the agreement was consistent with the public interest and that it was not likely to have a detrimental effect on the operations of the business. The court approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established