DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Coatings Queensland Pty Ltd
(AG2016/3252)

COATINGS QUEENSLAND PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the Coatings Queensland Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Coatings Queensland Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coatings Queensland Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coatings Queensland Pty Ltd recently applied to the Fair Work Commission for approval of their 2016 Enterprise Agreement. The application was contested by the Australian Manufacturing Workers' Union. The nature of the dispute revolved around the terms and conditions set out in the proposed agreement, particularly regarding the classification of employees and associated remuneration. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed Enterprise Agreement provided for fair and reasonable terms, and whether it complied with the mandatory provisions outlined in the Act. The Commission needed to assess if the agreement addressed the classification and remuneration of employees in a manner that was fair and reasonable, taking into account the broader context of the industry and the principles of enterprise bargaining. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any employee or group of employees.

In its decision, the Commission found that the agreement provided for fair and reasonable terms and conditions. The Commission was satisfied that the classification and remuneration provisions were consistent with industry standards and did not disadvantage any employees. The agreement was also found to comply with the mandatory provisions of the Act. As such, the Commission approved the Enterprise Agreement, noting the importance of maintaining a fair and balanced approach in enterprise bargaining. The final orders confirmed the approval of the agreement, subject to its registration with the Fair Work Registry.

Coatings Queensland 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