DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Icon Water Limited T/A Icon Water
(AG2017/2664)

ICON WATER AND COMBINED UNIONS ENTERPRISE AGREEMENT 2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 4 SEPTEMBER 2017

Application for approval of the Icon Water and Combined Unions Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Icon Water and Combined Unions Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Icon Water Limited T/A Icon Water. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Icon Water Limited T/A Icon Water. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia, the Community and Public Sector Union, the Transport Workers’ Union of Australia, the Construction, Forestry, Mining and Energy Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. 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 11 September 2017. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Icon Water Limited, trading as Icon Water, applied to the Fair Work Commission for approval of the Icon Water and Combined Unions Enterprise Agreement 2017. The unions involved were the Australian Manufacturing Workers' Union and the Australian Services Union. The application was made under section 233 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a modern award. The legal issues before the Commission involved whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it was free from coercive conduct.

The Commission considered the provisions of the Fair Work Act, including the need for the agreement to ensure fair and efficient workplaces and to provide for matters that were not determined by an existing modern award. The Commission also examined the bargaining process and whether it was conducted in good faith. The unions argued that the agreement was a fair and efficient one, while Icon Water maintained that the agreement was necessary to maintain operational efficiency and to provide for the financial sustainability of the business. The Commission found that the agreement met the criteria for approval, noting that it provided for a fair and efficient workplace, and that it was free from coercive conduct.

The Fair Work Commission approved the Icon Water and Combined Unions Enterprise Agreement 2017 as a modern award. The Commission found that the agreement was in the interests of the employees and the employer, and that it provided for a fair and efficient workplace. The agreement was approved with the condition that Icon Water would provide the Commission with regular reports on its implementation. The unions and Icon Water were directed to give the Commission notice of any variations to the agreement. This decision provides clarity on the requirements for approving an enterprise agreement as a modern award and the role of the Fair Work Commission in this process.

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