Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8019)

SO GOOD PAINTING PTY LTD T/AS S&G PAINTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 4 NOVEMBER 2021

Application for approval of the SO GOOD PAINTING PTY LTD T/As S&G PAINTING 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 SO GOOD PAINTING PTY LTD T/As S&G PAINTING 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 11 November 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 Fair Work Commission was asked to decide whether to approve a proposed enterprise agreement between SO GOOD PAINTING PTY LTD, trading as S&G PAINTING, and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The union sought approval for a Subcontractors Painting & Decorating Enterprise Agreement covering the years 2020 to 2023. The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, particularly whether it provided for fair and reasonable terms and conditions for the employees covered by the agreement. This involved examining whether the proposed terms were consistent with the Fair Work Act's objectives, including the protection of employee rights and the encouragement of good faith bargaining between employers and employees.

The Commission assessed the proposed agreement against statutory criteria, including whether the agreement would lead to improved productivity and efficiency while ensuring fair and reasonable terms for employees. It also considered whether the agreement facilitated genuine workplace flexibility and provided for the fair and reasonable resolution of workplace disputes. The Commission's decision hinged on whether the proposed agreement balanced the interests of the employer and employees, ensuring that it did not undermine the rights and protections afforded to employees under the Fair Work Act. After a thorough review, the Commission determined that the proposed agreement met the statutory criteria and was therefore approved.

The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, consistent with the objectives of the Fair Work Act. It concluded that the agreement included provisions that promoted productivity, efficiency, and workplace flexibility, while also protecting employees' rights. The Commission was satisfied that the agreement facilitated good faith bargaining and provided mechanisms for resolving workplace disputes. As a result, the Commission approved the Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, subject to the terms and conditions outlined in the approval order. The approval was effective from the date of the decision, ensuring that the agreement could be implemented and enforced in accordance with the Fair Work Act.

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