C.R.S. Painters & Decorators Pty Ltd T/A C.R.S. Painters & Decorators

[2024] FWCA 16

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

C.R.S. Painters & Decorators Pty Ltd T/A C.R.S. Painters & Decorators

(AG2023/5268)

C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2023

Building, metal and civil construction industries
COMMISSIONER THORNTON	ADELAIDE, 1 FEBRUARY 2024

Application for approval of the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2023 (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 T/A C.R.S. Painters & Decorators (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Agreement is approved and will operate in accordance with s.54 of the Act from 8 February 2024. The nominal expiry date of the Agreement is 1 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of C.R.S. Painters & Decorators Pty Ltd T/A C.R.S. Painters & Decorators, the Fair Work Commission was tasked with determining whether to approve the C.R.S. Painters & Decorators Pty Ltd Enterprise Agreement 2023. This application for approval was made pursuant to section 185 of the Fair Work Act 2009. The applicant, C.R.S. Painters & Decorators Pty Ltd, sought to have the agreement, which pertains to the building, metal, and civil construction industries, formally approved.

The central legal issue before the Commissioner was whether the agreement met the necessary requirements under sections 186, 187, and 188 of the Fair Work Act, which are relevant to the approval of enterprise agreements. Specifically, the Commissioner had to assess whether the agreement was made in good faith and free from coercion, whether it contained the minimum terms and conditions as stipulated by the Act, and whether it complied with the procedural requirements for approval.

After examining the evidence and the terms of the agreement, Commissioner Thornton found that all the requirements for approval were met. The Commissioner concluded that the agreement was made in good faith and without any form of coercion, and it contained all the minimum terms and conditions necessary under the Fair Work Act. Furthermore, the application process adhered to the prescribed procedures, thereby satisfying all the legal criteria for approval. The agreement was thus approved and is set to operate from 8 February 2024, with a nominal expiry date of 1 February 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established