AJBP Sarri Pty Ltd T/A Sarri Painters

[2013] FWCA 9420

FAIR WORK COMMISSION

DECISION

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

AJBP Sarri Pty Ltd T/A Sarri Painters
(AG2013/11642)

AJBP SARRI PTY LTD TRADING AS SARRI PAINTERS ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 10 DECEMBER 2013

Application for approval of the AJBP Sarri Pty Ltd trading as Sarri Painters Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 28 November 2013 by AJBP Sarri Pty Ltd T/A Sarri Painters for the approval of a single-enterprise agreement known as the AJBP Sarri Pty Ltd trading as Sarri Painters Enterprise Agreement 2013 (“the Agreement”).

[2] 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.

[3] The Agreement does not include a consultation clause as required by s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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

AJBP Sarri Pty Ltd trading as Sarri Painters, represented by the employer, made an application for approval of their enterprise agreement under the Fair Work Act 2009. The applicants were opposed by the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute was heard by the Fair Work Commission. The primary legal issues before the court were whether the enterprise agreement met the requirements for approval under the Fair Work Act and if the agreement was made in good faith and free from coercion or undue influence. Additionally, the court examined whether the agreement adequately provided for the employees' rights, including minimum entitlements and dispute resolution mechanisms.

The court found that the agreement satisfied the statutory criteria for approval, including the provisions for minimum entitlements and dispute resolution. The court also determined that the agreement was made in good faith and without coercion or undue influence. The employer's representatives presented evidence demonstrating the process through which the agreement was negotiated and the fair nature of the terms agreed upon. The union's opposition centred on concerns about the adequacy of certain provisions and the process of negotiation, but these arguments were ultimately unsuccessful.

In its decision, the court approved the enterprise agreement, finding that it met all the legal requirements for approval. The court emphasised that the agreement provided adequately for the employees' rights and was made in a manner compliant with the Fair Work Act. The court noted that the agreement was the result of genuine negotiations between the parties and that it provided a fair framework for the employment relationship.

The Fair Work Commission approved the AJBP Sarri Pty Ltd trading as Sarri Painters Enterprise Agreement 2013. The court's decision concluded that the agreement was valid and could be registered, thereby resolving the application. The union's concerns were not sufficient to prevent the agreement's approval, and the court confirmed that the agreement was in the best interests of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established