Indigenous Civil Group Pty Ltd

[2024] FWCA 1399

[2024] FWCA 1399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Indigenous Civil Group Pty Ltd

(AG2024/1126)

ICG PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2024

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 22 APRIL 2024

Application for approval of the ICG Pty Ltd & The Australian Workers’ Union Agreement 2024.

1. Indigenous Civil Group Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the ICG Pty Ltd & The Australian Workers’ Union Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. 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 13 February 2024 and the Agreement was made on 27 March 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. 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.

1. The Australian 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.

1. The Agreement was approved on 22 April 2024 and, in accordance with s.54 of the FW Act, will operate from 29 April 2024. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

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