DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6258)

IDAHO WAY PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 28 JULY 2021

Application for approval of the IDAHO WAY PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the IDAHO WAY PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry and Joinery 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 the Construction, Forestry, Maritime, Mining and Energy Union. 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 4 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, an application was made by the IDAHO WAY PTY. LTD. and the CFMEU (Victorian Construction and General Division) for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The application was heard by the Commission, with the primary focus being the compliance of the proposed agreement with the relevant legislative framework, specifically the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement met the criteria for being a "modern award" under section 163 of the Fair Work Act, whether it complied with the requirements of being a "registerable agreement" under section 186 of the Act, and whether it contained any provisions that were unfair within the meaning of section 234 of the Act. Furthermore, the Commission needed to determine whether the agreement had been made in accordance with the procedural requirements outlined in the Fair Work Regulations 2009.

In reaching its decision, the Commission examined the provisions of the proposed agreement and the submissions made by the parties. The Commission found that the agreement met the requirements for being a modern award and a registerable agreement. It also found that the agreement did not contain any unfair provisions. Finally, the Commission was satisfied that the agreement had been made in accordance with the relevant procedural requirements. Consequently, the Commission approved the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023, as applied by the IDAHO WAY PTY. LTD. and the CFMEU (Victorian Construction and General Division). The decision was made under section 184 of the Fair Work Act, and the agreement will now be registered and in effect from 1 July 2020.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established