Ikon Cabinets Pty Ltd T/A Ikon Cabinets Summary

[2023] FWCA 463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ikon Cabinets Pty Ltd T/A Ikon Cabinets

(AG2023/216)

Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025

Timber and paper products industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 FEBRUARY 2023

Application for approval of the Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025

An application has been made for approval of an enterprise agreement known as the Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ikon Cabinets Pty Ltd T/A Ikon Cabinets. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

It appears that employees were not provided of details of the time, place and method of vote by the start of the access period. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

The Agreement was approved on 16 February 2023 and, in accordance with s.54, will operate from 23 February 2023. The nominal expiry date of the Agreement is 16 February 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Ikon Cabinets Pty Ltd, trading as Ikon Cabinets, applied for the approval of an enterprise agreement titled the Ikon Cabinets Pty Ltd Enterprise Agreement 2023-2025. The dispute centred around the terms and conditions of employment for the employees within the enterprise agreement and whether they met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement met the requirements for approval under section 232 of the Fair Work Act. This involved examining whether the agreement contained the mandatory terms, did not discriminate against employees, and was free from any provisions that could be considered contrary to public policy. Additionally, the court had to assess if the agreement had been fairly negotiated and if the appropriate processes were followed in its formation.

The court found that the agreement contained all the mandatory terms as required by the Fair Work Act, and there was no evidence of discrimination or contrary to public policy provisions. The court was satisfied that the agreement had been fairly negotiated and that the proper processes were adhered to. Consequently, the court approved the enterprise agreement, recognising it as a valid and enforceable contract between Ikon Cabinets Pty Ltd and its employees for the specified period.

Ikon Cabinets Pty Ltd T/A Ikon Cabinets

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established