DECISION

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

Bright Painting and Maintenance Pty Ltd T/A Bright Painting and Maintenance Pty Ltd
(AG2015/3119)

BRIGHT PAINTING AND MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 19 AUGUST 2015

Application for approval of the Bright Painting and Maintenance Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Bright Painting and Maintenance Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bright Painting and Maintenance Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 19 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bright Painting and Maintenance Pty Ltd, trading as Bright Painting and Maintenance, sought approval of their Enterprise Agreement 2014-2018 from the Fair Work Commission. The agreement, which was to govern the terms and conditions of employment for the company's workers, was challenged on the grounds that it did not meet certain legal requirements. The Commission was tasked with determining whether the agreement was in compliance with the Fair Work Act 2009 and other relevant industrial instruments.

The primary legal issue the Commission had to resolve was whether the enterprise agreement met the statutory criteria for approval, particularly concerning its compliance with the "better off overall test" (BOOT) as outlined in the Fair Work Act. This test requires that the proposed agreement must provide employees with at least the same conditions as they would have under the applicable award or agreement, or be better off overall in terms of wages, conditions, or both. The Commission also needed to consider whether the agreement was made in good faith and whether it adhered to the process requirements stipulated by the Act.

The Commission examined the evidence presented by both parties and considered the terms of the agreement in the context of the existing awards and agreements. It was determined that the agreement met the BOOT, as it provided employees with improved conditions, particularly in relation to wages and leave entitlements, compared to the applicable awards. The Commission found that the agreement had been made in good faith and that the process requirements were satisfactorily met. Consequently, the Fair Work Commission approved the Enterprise Agreement 2014-2018.

The Fair Work Commission's final order was that the Bright Painting and Maintenance Pty Ltd Enterprise Agreement 2014-2018 be approved as meeting the legal requirements for enterprise agreements under the Fair Work Act. The agreement was thus valid and enforceable from the date of the Commission's decision.

Bright Painting and Maintenance Pty Ltd T/A Bright Painting and Maintenance Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established