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[2025] FWCA 2295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Icon Water

(AG2025/1959)

ICON WATER AND COMBINED UNIONS ENTERPRISE AGREEMENT 2025

Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JULY 2025

Application for approval of the Icon Water and Combined Unions Enterprise Agreement 2025

Icon Water has made an application for approval of an enterprise agreement known as the Icon Water and Combined Unions Enterprise Agreement 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 Australian Manufacturing Workers’ Union (AMWU), the Association of Professional Engineers, Scientists and Managers, Australia (APESMA), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Community and Public Sector Union (CPSU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. As required by s 201(2), I note that the Agreement covers the AMWU, APESMA, the CEPU and the CPSU.

The Agreement was approved on 14 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for approval of the Icon Water and Combined Unions Enterprise Agreement 2025. The applicant, Icon Water, sought approval of the agreement under section 234 of the Fair Work Act 2009. The dispute arose from negotiations between Icon Water and the relevant unions representing its employees, which resulted in the proposed enterprise agreement. The unions, including the Construction, Forestry, Maritime, Mining and Energy Union and the Australian Manufacturing Workers' Union, were involved in the negotiations and supported the agreement. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether it provided for the appropriate bargaining and negotiation processes, and whether it contained provisions that were in the best interests of the employees.

The Fair Work Commission was required to determine whether the proposed enterprise agreement met the statutory criteria for approval. This involved assessing whether the agreement was in writing, had been made by an authorised bargaining representative of the employees, and contained terms and conditions of employment. The Commission also had to consider whether the agreement provided for appropriate processes for resolving disputes and whether it contained provisions that were in the best interests of the employees. Additionally, the Commission needed to determine whether the agreement complied with any relevant laws or regulations.

The Fair Work Commission found that the proposed enterprise agreement met the statutory criteria for approval. The Commission noted that the agreement was in writing and had been made by authorised bargaining representatives of the employees. The agreement contained terms and conditions of employment, including provisions for dispute resolution and provisions that were in the best interests of the employees. The Commission also found that the agreement complied with all relevant laws and regulations. Accordingly, the Commission approved the Icon Water and Combined Unions Enterprise Agreement 2025.

The Fair Work Commission approved the Icon Water and Combined Unions Enterprise Agreement 2025. The approval was subject to certain conditions, including the requirement that the agreement be registered with the Fair Work Commission and that Icon Water provide the unions with a copy of the agreement. The agreement will now apply to the employees of Icon Water and will remain in effect until it is terminated or replaced by a new agreement. The decision of the Fair Work Commission is final and binding on all parties involved in the dispute.

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