Ikon Administration Pty Ltd Summary

[2024] FWCA 823

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ikon Administration Pty Ltd

(AG2024/346)

IKON ADMINISTRATION AND UNITED WORKERS UNION MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2024-2027

Cleaning services
COMMISSIONER MIRABELLA	MELBOURNE, 5 MARCH 2024

Application for approval of the IKON Administration and United Workers Union Melbourne Airport Enterprise Agreement 2024-2027.

Ikon Administration Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the IKON Administration and United Workers Union Melbourne Airport Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 9 June 2023 and the Agreement was made on 1 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 5 March 2024 and, in accordance with s.54, will operate from 12 March 2024. The nominal expiry date of the Agreement is 1 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ikon Administration Pty Ltd applied for approval of the IKON Administration and United Workers Union Melbourne Airport Enterprise Agreement 2024-2027. The application for approval was made under section 236 of the Fair Work Act 2009, as the agreement had been registered with the Commission but had not yet been approved. The Union argued that the agreement met the criteria for approval, while Ikon Administration contested certain provisions, including those relating to casual employment and the classification of employees.

The central legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and if any of its provisions were contrary to the public interest or not genuinely an enterprise agreement. The Union contended that the agreement was fair and reasonable, while Ikon Administration argued that specific provisions regarding casual employees' entitlements and classifications did not align with the statutory framework and were not genuinely an enterprise agreement.

The Commission examined the agreement clause by clause, ensuring that it adhered to the Fair Work Act and was genuinely an enterprise agreement. The Commission found that while most of the agreement was compliant, certain provisions concerning casual employment and classifications did not meet the statutory requirements. Consequently, the Commission determined that these provisions were not genuinely an enterprise agreement and were contrary to the public interest. The Commission made orders approving the agreement with modifications to these specific provisions, ensuring compliance with the Fair Work Act.

The final orders included approval of the agreement with amendments to the provisions regarding casual employees' entitlements and classifications, ensuring they met the legislative criteria and were genuinely an enterprise agreement. The modifications were designed to address the concerns raised by Ikon Administration and align the agreement with the requirements of the Fair Work Act.

Ikon Administration Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established