DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/218)

ARDON CONSTRUCTIONS 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 LEE	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the ARDON CONSTRUCTIONS 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 ARDON CONSTRUCTIONS 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Ardon Constructions Pty Ltd for the approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. The court's role was to determine whether the agreement was in compliance with the Fair Work Act 2009. The central issue was whether the agreement met the criteria for a modern award, specifically if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The court examined the agreement to ascertain if it fulfilled the requirements of a modern award under the Fair Work Act. This included ensuring the agreement covered the necessary terms, including minimum wages, penalty rates, allowances, leave entitlements, and other employment conditions. The court also considered whether the agreement adhered to the principles of procedural fairness and good faith bargaining, and if it provided for dispute resolution mechanisms. Furthermore, the court had to confirm that the agreement did not include any provisions that were contrary to public policy or unenforceable under the law.

After reviewing the agreement and the submissions from both parties, the court found that the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023 met the statutory requirements for a modern award. The agreement was deemed to provide for fair and reasonable terms and conditions, included appropriate dispute resolution mechanisms, and did not contain any unenforceable or illegal provisions. Consequently, the court approved the agreement, ensuring that it would now serve as a valid modern award for the specified period.

The court's decision resulted in the formal approval of the Subcontractors Carpentry and Joinery Enterprise Agreement 2020-2023. This approval validated the agreement as a modern award, effective from the date of the court's decision, thereby providing certainty and legal protection to the employees and employers governed by the agreement.

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