Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6860

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8378)

ROYAL PAINTING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 26 NOVEMBER 2021

Application for approval of the ROYAL PAINTING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the ROYAL PAINTING SERVICES PTY LTD 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, Maritime, Mining and Energy Union. 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] 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.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Royal Painting Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The Fair Work Commission was the forum for this application, where the dispute centred around the terms and conditions of the proposed agreement between the employer and the union representing the employees.

The central legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the provisions for the protection of employees' rights and interests, and whether it met the criteria for approval as a safety net agreement. The Commission also needed to assess whether the agreement provided fair and reasonable terms and conditions for the employees, taking into account the bargaining positions of the parties and the nature of the industry.

In reaching its decision, the Commission examined the terms of the proposed agreement in detail, considering the submissions from both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the bargaining positions of the parties and the nature of the industry. The Commission also determined that the agreement met the criteria for approval as a safety net agreement, providing adequate protections for employees and ensuring compliance with the Fair Work Act 2009. Consequently, the Commission approved the proposed agreement.

The final orders of the Commission included the approval of the Royal Painting Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, which would now serve as a legally binding agreement between the employer and the union for the specified period. The agreement would provide the framework for the terms and conditions of employment for the employees covered by the agreement, ensuring that they received fair and reasonable protections under the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established