A and A Painters Australia

[2013] FWCA 6735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

A & A Painters Australia
(AG2013/2681)

THE TRUSTEE FOR A&A PAINTERS FAMILY TRUST AND THE TRUSTEE FOR A&A PAINTERS FAMILY TRUST NO2 AND THE TRUSTEE FOR S&A PAINTERS FAMILY TRUST T/A A&A PAINTERS AUSTRALIA ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 17 SEPTEMBER 2013

Application for approval of the Trustee for A&A Painters Family Trust and the Trustee for A&A Painters Family Trust No2 and the Trustee for S&A Painters Family Trust T/A A&A Painters Australia Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 September 2013 by A & A Painters Australia for the approval of a single-enterprise agreement known as The Trustee for A&A Painters Family Trust and the Trustee for A&A Painters Family Trust No2 and the Trustee for S&A Painters Family Trust T/A A&A Painters Australia Enterprise Agreement (“the Agreement”).

[2] On 16 September 2013 the Employer provided two undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Trustees for A&A Painters Family Trust, A&A Painters Family Trust No2, and S&A Painters Family Trust, trading as A&A Painters Australia, applied for approval of an enterprise agreement. The dispute involved the terms and conditions of employment for employees of the company. The legal issues before the Commission included whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly in relation to the bargaining process, the content of the agreement, and the protection of employees' rights.

The Commission considered the process by which the agreement was negotiated, ensuring that it complied with the mandatory requirements for genuine bargaining. The content of the agreement was also examined to determine if it met the Fair Work Act's provisions, including minimum entitlements and the protection of employees' rights. The Trustees argued that the agreement was the result of a genuine and fair negotiation process and that it provided adequate protections for employees. The Commission ultimately found that the agreement was approved as it met the necessary criteria and did not unfairly disadvantage employees. Consequently, the Trustees' application for approval was successful.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees of A&A Painters Australia. The Trustees were directed to ensure that the terms of the agreement were adhered to and that any disputes arising from its implementation were handled in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established