DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon SI (Aust) Pty Ltd T/A Icon
(AG2021/5)

ICON SI (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 JANUARY 2021

Application for approval of the Icon SI (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Icon SI (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon SI (Aust) Pty Ltd T/A Icon. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

Icon SI (Aust) Pty Ltd, trading as Icon, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) brought an application to the Fair Work Commission for the approval of the Enterprise Agreement 2020-2023. The application was contested by the Building Workers’ Industrial Union (BWIU) which submitted that the agreement did not fairly and adequately provide for the terms and conditions of employment of employees. The Fair Work Commission was required to decide whether the agreement met the requirements of section 231 of the Fair Work Act 2009.

The Commission found that the agreement was in accordance with the requirements of the Act. The agreement provided for a clear and transparent process for determining employment terms and conditions, and contained provisions for good faith bargaining. The Commission also found that the agreement contained provisions that ensured procedural fairness and compliance with the relevant industrial laws. The Commission was satisfied that the agreement would provide for fair and adequate terms and conditions of employment, and approved the agreement.

The Commission rejected the BWIU’s contention that the agreement did not adequately provide for the terms and conditions of employment. The Commission found that the agreement contained provisions that provided for the negotiation of terms and conditions of employment, and that the process for determining these terms was clear and transparent. The Commission also found that the agreement contained provisions for good faith bargaining, and that these provisions were sufficient to ensure that the terms and conditions of employment were fairly and adequately provided for.

The Fair Work Commission approved the Enterprise Agreement 2020-2023 between Icon SI (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division).

Icon SI (Aust) Pty Ltd T/A Icon

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established