All Districts Coating (NSW) Pty Ltd Summary

[2024] FWCA 2087

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

All Districts Coating (NSW) Pty Ltd

(AG2024/1887)

ALL DISTRICTS COATING (NSW) PTY LTD ENTERPRISE AGREEMENT 2024

Painting and decorating industry
DEPUTY PRESIDENT WRIGHT	SYDNEY, 6 JUNE 2024

Application for approval of the All Districts Coating (NSW) Pty Ltd Enterprise Agreement 2024

Introduction

All Districts Coating (NSW) Pty Ltd Trading As All Districts Coating (NSW) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the All Districts Coating (NSW) Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Section 186, 187, 188 and 190

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.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 6 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All Districts Coating (NSW) Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the All Districts Coating (NSW) Pty Ltd Enterprise Agreement 2024. The company, a paint and coating provider, sought the approval of the agreement which it had negotiated with its employees. The employees, represented by a union, raised concerns about certain provisions of the agreement, particularly those concerning wages and working conditions.

The central legal issues before the Commission involved whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement fairly reflected the terms and conditions of employment and did not adversely affect the employees' wages, conditions, terms of employment, or redundancy entitlements. Additionally, the Commission needed to consider whether the agreement complied with the 'better off overall test', which mandates that employees should not be worse off financially under the new agreement compared to their existing conditions.

In evaluating the application, the Commission examined the terms of the agreement in detail, focusing on wage rates, working hours, leave provisions, and other employment conditions. The Commission considered submissions from both parties and the broader implications for the workforce. Ultimately, the Commission determined that the agreement did meet the statutory requirements and passed the 'better off overall test'. The Commission approved the All Districts Coating (NSW) Pty Ltd Enterprise Agreement 2024, finding that it provided fair and reasonable terms and conditions of employment for the employees.

All Districts Coating (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established