Icon SI (Aust) Pty Ltd

[2024] FWCA 3689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Icon SI (Aust) Pty Ltd

(AG2024/3957)

ICON SI (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2024

Application for approval of the Icon SI (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

Icon SI (Aust) Pty Ltd has made an application for approval of an enterprise agreement known as the Icon SI (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 24 October 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Icon SI (Aust) Pty Ltd, together with the CFMEU (Victorian Construction and General Division), applied for approval of their Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the statutory requirements for approval. The dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009, specifically whether it provided for the fair and reasonable terms of employment.

The key legal issues before the Commission involved assessing the agreement's compliance with the mandatory minimum terms stipulated in the Fair Work Act, as well as determining whether the agreement was genuinely negotiated and whether it was free from any improper influence or coercion. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The Fair Work Commission found that the agreement complied with the statutory requirements. The Commission was satisfied that the agreement was genuinely negotiated between the parties and that it did not contain any terms that were contrary to the mandatory minimum terms. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission approved the Enterprise Agreement 2024-2027, noting that it would operate for the period from 1 July 2024 to 30 June 2027, unless terminated earlier in accordance with the agreement or the Fair Work Act.

The final orders of the Commission were that the Enterprise Agreement 2024-2027 between Icon SI (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) be approved, effective from 1 July 2024, until 30 June 2027. The approval was contingent on the agreement being registered with the Fair Work Ombudsman within 28 days of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established