Arris Projects Pty Ltd T/A Arris Projects

[2020] FWCA 6723

[2020] FWCA 6723

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Arris Projects Pty Ltd T/A Arris Projects
(AG2020/2979)

ARRIS PROJECTS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 15 DECEMBER 2020

Application for approval of the Arris Projects Pty Ltd Enterprise Agreement 2020.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Arris Projects Pty Ltd T/A Arris Projects (the Applicant) for approval of the Arris Projects Pty Ltd Enterprise Agreement 2020 (the Agreement). The Agreement is a single enterprise agreement.

[2] On 9 October 2020, the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU) wrote to the Commission seeking copies of the application and supporting documents filed in this matter. Redacted copies of the documents were provided to the CFMMEU by the Commission on that same date.

[3] The matter was allocated to my Chambers for further dealing.

[4] Correspondence was sent to the Applicant and the CFMMEU on 19 October 2020, seeking a response from the CFMMEU as to whether it sought to be heard in this matter, and raising a number of concerns in relation to the Agreement and seeking responses and undertakings from the Applicant.

[5] The CFMMEU provided a response on 22 October 2020, further to an extension as sought and granted for its response. The CFMMEU raised seven key concerns in relation to the Agreement and confirmed that it opposed the application for approval.

[6] The Applicant provided its response to the concerns raised by the Commission, and draft undertakings addressing the concerns, on 23 October 2020.

[7] The CFMMEU provided a further response on 27 October 2020, raising concerns in relation to s.180(2) of the Act. The Applicant provided its response to these concerns, in writing to Chambers and copied to the Union, also on 27 October 2020.

[8] Formal directions for filing of materials by the CFMMEU and the Applicant were issued on 29 October 2020, and the matter listed for a conference to be held on 27 November 2020.

[9] The CFMMEU and the Applicant filed materials as directed, further to which the CFMMEU wrote to my Chambers on 25 November 2020, advising that it no longer sought to be heard in relation to the application for approval of the Agreement.

[10] The conference was vacated accordingly.

[11] I have had regard to the undertakings filed on 23 October 2020, and the submissions filed by the CFMMEU and the Applicant, and I have determined as follows.

[12] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then taken to be a term of the Agreement and are attached to this Decision at Attachment A.

[13] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval had been met.

[14] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date for the Agreement is 15 December 2024.

COMMISSIONER

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Attachment A.