Anatoly Painting Service Pty Ltd Summary

[2013] FWCA 139

FAIR WORK COMMISSION

DECISION

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

Anatoly Painting Service Pty Ltd
(AG2012/13036)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN ANATOLY PAINTING SERVICE PTY LTD AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the FTAA Enterprise Agreement 2011-2015 between Anatoly Painting Service Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between Anatoly Painting Service Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Anatoly Painting Service Pty Ltd. 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 16 January 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

In the Fair Work Commission, Anatoly Painting Service Pty Ltd applied for the approval of an enterprise agreement. The Construction, Forestry, Mining and Energy Union (CFMEU) was the registered bargaining agent for the employees. The dispute centred around the terms and conditions set forth in the proposed agreement for the period 2011 to 2015. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission involved whether the agreement had been made in good faith, if it contained the necessary minimum entitlements, and if it complied with the provisions of the Fair Work Act. The Commission also needed to assess if the agreement was appropriately certified by an independent certifier and whether it adhered to the procedural requirements for approval. The central contention was whether the agreement appropriately balanced the interests of both the employer and the employees.

The Commission examined the evidence presented by both parties and the certification process followed. It was noted that the agreement had been negotiated in good faith and contained the minimum entitlements required by the Act. The Commission found that the procedural requirements had been met, and the agreement was appropriately certified. The Commission approved the agreement, recognising that it provided a fair and reasonable framework for the employment relationship between Anatoly Painting Service Pty Ltd and its employees. The agreement was thus approved and will govern the terms and conditions of employment from 2011 to 2015.

Anatoly Painting Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established