DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Painting & Decorating Co Pty Ltd T/A Adelaide Painting & Decorating Co
(AG2017/4113)

ADELAIDE PAINTING & DECORATING CO PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JANUARY 2018

Application for approval of the Adelaide Painting & Decorating Co Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Painting & Decorating Co Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Painting & Decorating Co Pty Ltd T/A Adelaide Painting & Decorating Co. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU) 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 24 January 2018. The nominal expiry date of the Agreement is 24 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adelaide Painting & Decorating Co Pty Ltd, trading as Adelaide Painting & Decorating Co, applied to the Fair Work Commission for the approval of the Adelaide Painting & Decorating Co Pty Ltd Enterprise Agreement 2017. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement was a protected action agreement, whether it was a low paid, safety net or provisional agreement, and whether the agreement met the requirements of section 233 of the Act.

The legal issues before the Commission were whether the agreement provided for a proper safety net of terms and conditions, was a genuine enterprise agreement, and whether it was appropriate to be approved. The Commission found that the agreement provided for a proper safety net of terms and conditions, as it included minimum rates of pay and conditions for employees that were no less favourable than the relevant industrial instrument. The agreement was also a genuine enterprise agreement, as it was negotiated between the employer and the employees, and met the requirements of section 233 of the Act. The Commission approved the agreement, noting that it provided for a fair and reasonable safety net for employees, and was a genuine enterprise agreement.

The final orders made by the Commission were that the Adelaide Painting & Decorating Co Pty Ltd Enterprise Agreement 2017 be approved as a protected action agreement, a safety net agreement and a genuine enterprise agreement. The agreement was approved on the basis that it provided for a proper safety net of terms and conditions, and met the requirements of section 233 of the Act. The approval of the agreement provides certainty for both the employer and employees, and ensures that the agreement provides for a fair and reasonable safety net for employees.

Adelaide Painting & Decorating Co Pty Ltd T/A Adelaide Painting & Decorating Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established