DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Co (NSW) Pty Ltd
(AG2018/2292)

ICON CO (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 3 JULY 2018

Application for approval of the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Co (NSW) 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 Construction, Forestry, Maritime, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon Co (NSW) Pty Ltd applied to the Fair Work Commission for approval of the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2018. The Construction, Forestry, Maritime, Mining and Energy Union opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard by Deputy President Kelly, who was required to determine whether the agreement was a lawful agreement under the Fair Work Act and whether it complied with the procedural requirements for approval.

The legal issues before the Deputy President were whether the agreement was a lawful agreement and whether the procedural requirements for approval had been met. The Deputy President found that the agreement was a lawful agreement as it did not contain any provisions that were contrary to public policy or that undermined the objects of the Fair Work Act. The Deputy President also found that the procedural requirements for approval had been met as the agreement had been negotiated in good faith and that there was no evidence of any undue influence or coercion.

The Deputy President approved the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2018, finding that it met the requirements of the Fair Work Act and that the procedural requirements for approval had been met. The Deputy President noted that the agreement contained provisions that were beneficial to both parties and that it provided for a fair and reasonable resolution of any disputes that may arise. The Deputy President also noted that the agreement had been negotiated in good faith and that there was no evidence of any undue influence or coercion.

The Fair Work Commission approved the Icon Co (NSW) Pty Ltd / CFMEU Collective Agreement 2018, finding that it met the requirements of the Fair Work Act and that the procedural requirements for approval had been met. The agreement provides for a fair and reasonable resolution of any disputes that may arise and has been negotiated in good faith.

Icon Co (NSW) 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