DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Co (Qld) Pty Ltd T/A Icon Co
(AG2018/1964)

ICON CO (QLD) PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2018 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 MAY 2018

Application for approval of the Icon Co (QLD) Pty Ltd and CFMMEU Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Icon Co (QLD) Pty Ltd and CFMMEU Enterprise Agreement 2018 - 2019 (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 (Qld) Pty Ltd T/A Icon Co. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 28 May 2018 and, in accordance with s.54, will operate from 4 June 2018. The nominal expiry date of the Agreement is 1 January 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon Co (Qld) Pty Ltd T/A Icon Co sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The parties were before the Fair Work Commission in an application for the approval of the Icon Co (QLD) Pty Ltd and CFMMEU Enterprise Agreement 2018-2019. The central issue was whether the enterprise agreement was made in good faith and whether it met the criteria for approval under the Fair Work Act 2009.

The Commission examined the process of negotiation and whether it was conducted in good faith. It also considered whether the agreement met the criteria for approval, including that it did not have an adverse effect on employees who were not party to the agreement, and that it did not discriminate against certain employees. The Commission found that the agreement was made in good faith, and that it met the criteria for approval. The agreement was found to be fair and reasonable, and did not have an adverse effect on non-party employees. The Commission approved the enterprise agreement.

The Commission's approval of the enterprise agreement means that it will be legally binding on the parties, and will govern the employment conditions of the employees covered by the agreement. The approval also means that the agreement is protected from challenge under the Fair Work Act, and cannot be overturned except in limited circumstances. The parties are now bound by the terms of the agreement, and any disputes arising from its operation must be resolved in accordance with its provisions.

Icon Co (Qld) Pty Ltd T/A Icon Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established