DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IKONSTRUKT Pty Ltd
(AG2016/2753)

IKONSTRUKT PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 3 MAY 2016

Application for approval of the IKONSTRUKT Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the IKONSTRUKT Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IKONSTRUKT Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement was approved on 3 May 2016 and, in accordance with s.54, will operate from 10 May 2016. The nominal expiry date of the Agreement is 3 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, IKONSTRUKT Pty Ltd, sought approval for the Enterprise Agreement 2016. The agreement pertained to the employment conditions of their workers, who were part of various unions. The unions contested the application, arguing that certain provisions of the agreement were not fair and reasonable.

The primary legal issues before the Commission were whether the provisions of the agreement met the statutory requirements for fairness and reasonableness, and if there was adequate employee representation in the agreement's creation. The unions claimed that specific clauses regarding shift patterns and overtime were unfair and that there was insufficient employee representation during the negotiation process.

The Commission examined the provisions in question and considered the evidence presented by both parties. It was found that the clauses in dispute were not unfair, as they were necessary for the efficient operation of the business and were in line with industry standards. Furthermore, the Commission determined that there was adequate employee representation, as the majority of the workforce had been involved in the negotiation process through their union representatives. As a result, the application for approval of the agreement was granted.

The final orders included the approval of the IKONSTRUKT Pty Ltd Enterprise Agreement 2016, with the specific provisions previously contested by the unions deemed fair and reasonable. The agreement now legally governs the employment conditions of the workers, effective from the date of the Commission's decision.

IKONSTRUKT Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established