Broz Family Trust T/A Broz Contracting Summary

[2021] FWCA 5929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broz Family Trust T/A Broz Contracting
(AG2021/7363)

BROZ FAMILY TRUST T/AS BROZ CONTRACTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 SEPTEMBER 2021

Application for approval of the BROZ FAMILY TRUST T/AS BROZ CONTRACTING and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the BROZ FAMILY TRUST T/AS BROZ CONTRACTING and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broz Family Trust T/A Broz Contracting. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Broz Family Trust, trading as Broz Contracting, and the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023 were the subject of an application for approval before the Fair Work Commission. The Trust sought approval of the enterprise agreement, which was entered into with the union. The dispute centred on whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement complied with all relevant provisions of the Act and whether it provided fair and reasonable terms for the employees covered by the agreement.

The primary legal issues the Commission had to address were whether the agreement met the criteria for approval as set out in the Act, particularly regarding the proper representation of the employees, the fairness of the terms, and compliance with procedural requirements. The Commission also had to assess whether the agreement contained all the necessary minimum terms and conditions of employment as stipulated by the Act.

In its decision, the Fair Work Commission concluded that the enterprise agreement was valid and met all the necessary criteria for approval. The Commission found that the agreement was appropriately negotiated and represented the interests of the employees fairly. It also determined that the terms and conditions within the agreement were reasonable and complied with the minimum standards set by the Act. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with all legal requirements.

The final order of the Commission was the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Enterprise Agreement 2020-2023, effective from the date of the decision. This decision ensured that the agreement would govern the employment conditions for the employees covered by it, providing certainty and compliance with the Fair Work Act.

Broz Family Trust T/A Broz Contracting

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established