Classic Lining and Painting Pty Ltd Summary

[2014] FWCA 2856

FAIR WORK COMMISSION

DECISION

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

Classic Lining and Painting Pty Ltd
(AG2014/804)

CLASSIC LINING AND PAINTING PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 MAY 2014

Application for approval of the Classic Lining and Painting Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Classic Lining and Painting Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 May 2014. The nominal expiry date of the Agreement is 8 May 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Classic Lining and Painting Pty Ltd, an employer, and the Australian Manufacturing Workers' Union, a trade union representing employees. The dispute centred on the application for the approval of the Classic Lining and Painting Pty Ltd Enterprise Agreement 2014 - 2017, which was intended to govern the terms and conditions of employment for the union's members. The matter was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act, specifically whether it passed the 'better off overall test' and whether it contained mandatory terms that were not permitted by law. The 'better off overall test' requires that employees be no worse off financially and at least as well off in relation to non-financial terms. Additionally, the Commission needed to determine if the agreement contained any provisions that were contrary to public policy or that failed to comply with the prescribed process for the making of such agreements.

In its decision, the Fair Work Commission found that the enterprise agreement passed the 'better off overall test' and contained no terms that were contrary to public policy. The Commission also noted that the agreement had been made following the prescribed process, with proper consultation and negotiation between the parties. Consequently, the Commission approved the enterprise agreement, recognising its validity and enforceability under the Fair Work Act.

The Fair Work Commission made an order approving the Classic Lining and Painting Pty Ltd Enterprise Agreement 2014 - 2017 as meeting the requirements of the Fair Work Act. The agreement was deemed to be in effect and binding on the parties from the date of the Commission's decision.

Classic Lining and Painting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established