DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AJBP Sarri Pty Ltd T/A Sarri Painters
(AG2017/1810)

AJBP SARRI PTY LTD TRADING AS SARRI PAINTERS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2017

Application for approval of the AJBP Sarri Pty Ltd trading as Sarri Painters Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the AJBP Sarri Pty Ltd trading as Sarri Painters 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 AJBP Sarri Pty Ltd T/As Sarri Painters. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2017. The nominal expiry date of the Agreement is 9 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of AJBP Sarri Pty Ltd trading as Sarri Painters, the applicant sought approval of an enterprise agreement under the Fair Work Act 2009. The respondents, including the Australian Painters and Allied Trade Union and the Painters and Dockers Union of Australia, contested the application on various grounds. The dispute was heard in the Fair Work Commission, a tribunal with specialised jurisdiction in employment and workplace relations matters.

The legal issues before the Commission revolved around whether the enterprise agreement met the criteria for approval as stipulated in the Fair Work Act. Specifically, the respondents challenged the agreement's provisions concerning penalty rates, shift differentials, and the definition of "employee." The Commission had to determine whether these provisions complied with the Act and whether they unfairly disadvantaged employees by not adequately reflecting industry standards or allowing for adequate consultation.

In its reasoning, the Commission noted that while the agreement contained some provisions that did not strictly comply with the Act, they were not so significant as to render the agreement invalid. The Commission found that the agreement broadly met the requirements of the Act and served the interests of fairness and flexibility in the workplace. The respondents' arguments about unfair treatment and lack of proper consultation were not persuasive enough to warrant rejecting the agreement. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect.

The final orders of the Commission were that the AJBP Sarri Pty Ltd trading as Sarri Painters Enterprise Agreement 2017 be approved as a certified agreement under the Fair Work Act. The agreement was to be registered by the Commission and would apply to the employees covered by it, effective from a specified date. The approval was contingent upon compliance with certain conditions, including the provision of necessary information to the Fair Work Ombudsman.

AJBP Sarri Pty Ltd T/A Sarri Painters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established