DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Water Limited T/A Icon Water
(AG2020/2631)

ICON WATER AND COMBINED UNIONS ENTERPRISE AGREEMENT 2020

Water, sewerage and drainage services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 30 OCTOBER 2020

Application for approval of the Icon Water and Combined Unions Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Icon Water and Combined Unions Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Icon Water Limited T/A Icon Water (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, Community and Public Sector Union, Construction, Forestry, Maritime, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, The Association of Professional Engineers, Scientists and Managers, Australia, Transport Workers’ Union of Australia and the United Workers’ Union have given notice under s.183 of the Act seeking to be covered by the Agreement. In accordance with s.201(2), I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Icon Water Limited trading as Icon Water, which sought approval for its Enterprise Agreement with Combined Unions. The dispute centred on whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The Fair Work Commission was tasked with reviewing the agreement to determine if it complied with the necessary provisions.

The primary legal issues the commission had to address were whether the agreement contained the necessary provisions required by section 235 of the Fair Work Act, and whether it was made in good faith and without coercion as required by section 230. Additionally, the commission needed to consider if the agreement provided for procedural fairness, as mandated by section 231 of the Act. The unions argued that the agreement did not adequately address these requirements.

The commission found that the agreement met the necessary statutory provisions and was made in good faith and without coercion. The agreement included all the required provisions as outlined in section 235 of the Act and ensured procedural fairness as required by section 231. The commission concluded that the proposed agreement was compliant with the legislative requirements, and accordingly, granted the application for approval of the Icon Water and Combined Unions Enterprise Agreement 2020.

Icon Water Limited T/A Icon Water

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established