Indigenous Civil Group Pty Ltd Summary

[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.

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.

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.

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 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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were Indigenous Civil Group Pty Ltd (ICG) and The Australian Workers' Union (AWU). The dispute centred around an application for the approval of the ICG and AWU Agreement 2024. The case was heard in the Fair Work Commission of Australia. The central legal issues that the court needed to address were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the requirements for good faith bargaining and genuine agreement. Specifically, the court had to determine if the agreement had been negotiated in good faith, if it contained all the necessary provisions, and if it was in the best interest of the employees.

The court meticulously reviewed the bargaining process and the terms of the agreement to ensure that they adhered to the statutory requirements. The ICG argued that the agreement had been negotiated in good faith and was in the best interests of the employees. The AWU supported this assertion, providing evidence of the negotiation process and the terms agreed upon. The court examined the evidence provided and considered whether the agreement was genuinely negotiated and reflected a fair and reasonable outcome for the employees. The court found that the agreement had been negotiated in good faith and contained all the necessary provisions, thus meeting the criteria for approval.

After thorough consideration of the arguments and evidence, the court concluded that the ICG and AWU Agreement 2024 was approved. The court was satisfied that the agreement had been negotiated in good faith and was in the best interest of the employees. The terms of the agreement were fair and reasonable, and it met all the statutory requirements for approval. The court's decision was based on the comprehensive evidence provided by both parties and the compliance of the agreement with the legal standards set out in the Fair Work Act 2009.

Indigenous Civil Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established