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

[2018] FWCA 4870

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

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

(AG2018/1968)

Icon Co (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 AUGUST 2018

Application for variation of the Icon Co (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of a variation to the Icon Co (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made by Icon Co (Vic) Pty Ltd T/A Icon Co pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 17 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Icon Co (Vic) Pty Ltd T/A Icon Co involved a dispute between the company and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding a variation of the Enterprise Agreement 2016-2018. The Fair Work Commission was tasked with resolving the application for variation brought by the company. The crux of the dispute lay in the company's request to alter several provisions of the existing agreement, primarily focusing on changes to working conditions and employee entitlements.

The legal issues before the Commission were whether the proposed changes were fair and reasonable, and if the application met the statutory criteria for a variation as outlined in the Fair Work Act 2009. The Commission had to assess whether the changes were necessary for the company to remain competitive, whether they were consistent with the principles of the National Employment Standards, and whether they maintained a balance of fairness between the parties.

In its decision, the Commission carefully weighed the evidence presented by both parties. It determined that the proposed changes were necessary to maintain the company's economic viability and competitiveness in a challenging market. The Commission found that the changes were fair and reasonable, as they did not overly disadvantage the employees and were consistent with broader industry trends. The application was thus approved, with specific provisions incorporated into the revised Enterprise Agreement.

The final orders of the Commission included the variation of certain sections of the Enterprise Agreement to reflect the changes proposed by the company. The new provisions were designed to be fair and reasonable, balancing the interests of both the employer and the employees. The Commission also set out a detailed timeline for the implementation of the changes and outlined the process for any future disputes arising from the revised agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established