DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1254)

D&S AVAKIAN FAMILY TRUST (THE TRUSTEE FOR) T/AS THE PROJECT COLLECTIVE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	CANBERRA, 16 APRIL 2018

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) Enterprise Agreement 2016 - 2018.

[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) Enterprise Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 23 April 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between The Project Collective, represented by the D&S Avakian Family Trust, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission. The central issue the Court was required to decide was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included whether the agreement contained all the terms and conditions of employment, whether it was in the best interests of the employees, and if it adhered to the procedural requirements for the approval of such agreements.

The Court examined the content of the agreement, considering whether it met the statutory requirements for an enterprise agreement. This involved assessing whether the agreement covered all necessary terms and conditions of employment and whether it was in the best interests of the employees. The Court also considered the procedural fairness of the agreement, including whether proper consultation and negotiation processes were followed. The Court found that the agreement contained all the necessary terms and conditions of employment, that it was in the best interests of the employees, and that the procedural requirements were satisfied. Consequently, the Court approved the enterprise agreement.

The Court's decision was based on a detailed examination of the agreement's content, the statutory requirements for enterprise agreements, and the evidence presented on procedural fairness. The Court found that the agreement was comprehensive, fair, and procedurally sound. The final orders of the Court were to approve the proposed enterprise agreement between The Project Collective and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018.

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