Akrobat Painting Systems P/L for the Daou Family Trust

[2013] FWCA 4821

FAIR WORK COMMISSION

DECISION

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

Akrobat Painting Systems P/L for the Daou Family Trust
(AG2013/1749)

AKROBAT PAINTING SYSTEMS P/L FOR THE DAOU FAMILY TRUST AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 JULY 2013

Application for approval of the Akrobat Painting Systems P/L for the Daou Family Trust and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Akrobat Painting Systems P/L for the Daou Family Trust and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Akrobat Painting Systems P/L for the Daou Family Trust. 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, 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, will operate from 26 July 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court involved Akrobat Painting Systems P/L, represented by the Daou Family Trust, seeking approval for a specific enterprise agreement. This case was heard within the Australian Industrial Relations Commission. The dispute centred around whether the proposed CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was compliant with the necessary legal and regulatory standards and whether it appropriately represented the interests of the employees.

The court was tasked with determining several key legal issues, including whether the agreement met the formal requirements set forth by the Fair Work Act 2009, particularly in terms of coverage, fairness, and the procedural fairness afforded to the parties involved. The court also needed to assess whether the agreement's provisions were consistent with public policy and whether it adequately safeguarded the rights and interests of the employees.

In delivering its decision, the court meticulously reviewed the procedural fairness and the substantive content of the agreement. It found that the agreement satisfied all formal requirements and was fair and reasonable. The court was satisfied that the agreement had been negotiated in good faith and provided adequate protections for the employees, thus aligning with the objectives of the Fair Work Act. The decision to approve the agreement was based on a comprehensive analysis of its terms and the process through which it was developed and negotiated.

The court approved the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 for Akrobat Painting Systems P/L for the Daou Family Trust. This approval signifies that the agreement is now legally binding and enforceable, with the court's endorsement affirming its legitimacy and compliance with relevant industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established