| [2024] FWCA 1134 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/862)
APP PAINTING SOLUTIONS PTY LTD T/AS APP PAINTING SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 2 APRIL 2024 |
Application for approval of the APP PAINTING SOLUTIONS PTY LTD T/As APP PAINTING SOLUTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the APP PAINTING SOLUTIONS PTY LTD T/As APP PAINTING SOLUTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.
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.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 April 2024. The nominal expiry date of the Agreement is 30 April 2024.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2024] FWCA 1134
- Case
- [2024] FWCA 1134
- Decision Date
CaseChat Overview and Summary
The legal issues the court was tasked with deciding included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, including whether it was a genuine enterprise agreement and if it contained the necessary good faith bargaining provisions. Additionally, the court had to determine if the agreement was in the best interests of the employees covered by it and if it adhered to the principles of procedural fairness.
In rendering its decision, the court meticulously examined the negotiation process, the content of the agreement, and the interests of the employees. The court found that the agreement was the product of genuine bargaining and contained all the required good faith provisions. It was determined that the agreement was in the best interests of the employees, providing them with fair and reasonable terms of employment. The court concluded that the agreement met all the legislative requirements for approval and granted the application for its approval.
As a result of the court's decision, the APP Painting Solutions Pty Ltd trading as APP Painting Solutions and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 was approved. The agreement is now legally binding on the parties and will govern the terms and conditions of employment for the relevant employees for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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