Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8217)

MAPOL NOMINEES PTY LTD T/AS AMALGAMATED PAINTING SERVICE (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 NOVEMBER 2021

Application for approval of the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service (Queens Wharf Project) Union Collective Agreement 2018

[1] An application has been made for approval of an enterprise agreement known as the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service (Queens Wharf Project) Union Collective Agreement 2018 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2021. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application with the Fair Work Commission for the approval of the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service (Queens Wharf Project) Union Collective Agreement 2018. The applicant union was seeking approval of the agreement for a period of three years. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 for an enterprise agreement to be approved.

The key legal issues the Fair Work Commission was required to determine included whether the agreement had been made in good faith and whether it contained the necessary information to enable employees to understand the terms, including any proposed changes to their conditions of employment. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it complied with the "better off overall test".

In delivering its decision, the Fair Work Commission found that the agreement had been made in good faith and contained all the required information for employees to understand the terms. The Commission was satisfied that the agreement was in the best interests of the employees and met the "better off overall test". The Commission approved the agreement for a period of three years, subject to certain conditions and with a commencement date of 1 July 2018.

The Fair Work Commission approved the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service (Queens Wharf Project) Union Collective Agreement 2018 for a period of three years, subject to certain conditions, and with a commencement date of 1 July 2018. The Commission found that the agreement had been made in good faith, contained all the necessary information, and was in the best interests of the employees. The agreement was also found to meet the "better off overall test".

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established