DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6119)

D&S AVAKIAN FAMILY TRUST (THE TRUSTEE FOR) T/AS THE PROJECT COLLECTIVE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY AND JOINERY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 JULY 2021

Application for approval of the D&S AVAKIAN FAMILY TRUST (THE TRUSTEE FOR) T/AS THE PROJECT COLLECTIVE 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 D&S AVAKIAN FAMILY TRUST (THE TRUSTEE FOR) T/AS THE PROJECT COLLECTIVE 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 28 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, the D&S Avakian Family Trust (the trustee for) trading as The Project Collective, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought approval of a proposed enterprise agreement. The agreement was for subcontractors in the carpentry and joinery industry in Victoria. The application was made to the Fair Work Commission, which is the body responsible for approving such agreements. The dispute centred around whether the proposed agreement complied with the relevant legislative framework, particularly the Fair Work Act 2009. The key issues before the Commission were whether the agreement was fair and appropriate, and if it met the statutory criteria for approval.

The Commission considered whether the agreement was genuinely a product of bargaining between the parties, whether it addressed the needs of the workforce and provided for fair and reasonable terms and conditions, and whether it met the criteria for approval under the Fair Work Act. The Commission noted that the agreement had been the subject of extensive negotiation between the parties and that it contained provisions that were fair and reasonable. The Commission was satisfied that the agreement met the statutory criteria for approval.

The Fair Work Commission approved the proposed enterprise agreement, finding it to be fair and appropriate. The Commission noted that the agreement contained provisions that addressed the needs of the workforce and provided for fair and reasonable terms and conditions. The Commission was satisfied that the agreement met the statutory criteria for approval and that it was genuinely a product of bargaining between the parties. The Commission's decision was based on a thorough consideration of the evidence and arguments presented by the parties. The Commission approved the agreement, subject to certain modifications, and made orders accordingly.

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