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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CaseChat Overview and Summary

The case before the court involved an application for the approval of the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2019. The applicant, C.R.S Painters & Decorators Pty Ltd as trustee for the Sadler Family Settlement trading as C.R.S Painters & Decorators Pty Ltd, sought approval for the agreement under the Fair Work Act 2009. The primary dispute centred around whether the enterprise agreement met the criteria for approval as set out in the legislation.

The central legal issue was whether the agreement satisfied the "no disadvantage test" as outlined in the Fair Work Act. This test requires that, upon its operation, the agreement must not result in employees being disadvantaged compared to their previous terms of employment. The applicant argued that the agreement was fair and balanced, while the respondent raised concerns about potential disadvantages to certain employees. The court needed to assess the evidence and submissions from both parties to determine if the agreement met the legislative requirements.

The court examined the evidence provided by both parties and considered the terms of the agreement. The judge found that the agreement did not result in any employee being disadvantaged compared to their previous terms of employment. The evidence demonstrated that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the court approved the enterprise agreement, finding that it met the necessary criteria under the Fair Work Act.

The court's approval of the agreement was formalised in its final orders, granting the applicant's application for the approval of the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2019. The agreement was thus certified as meeting the requirements of the Fair Work Act, and it became legally binding on the parties involved.

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