C.R.S Painters & Decorators Pty Ltd as trustee for Sadler Family Settlement T/A C.R.S Painters & Decorators Pty Ltd

[2019] FWCA 5286

[2019] FWCA 5286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

C.R.S Painters & Decorators Pty Ltd as trustee for Sadler Family Settlement T/A C.R.S Painters & Decorators Pty Ltd
(AG2019/1663)

C.R.S. PAINTERS & DECORATORS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 30 JULY 2019

Application for approval of the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by C.R.S Painters & Decorators Pty Ltd as trustee for Sadler Family Settlement T/A C.R.S Painters & Decorators Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I note that clause 17.1.5 of the Agreement makes provision for the employer to recover any monies owing by the employee for company property that is not returned, and allows for the deduction of any monies owing from any employee’s termination pay. In my view, this clause may not be a permitted deduction within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 August 2019. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

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