DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5515)

METROTEX PAINTERS & DECORATORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 18 JUNE 2021

Application for approval of the Metrotex Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Metrotex Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2019-2023 (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] 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 25 June 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement with Metrotex Painters & Decorators Pty Ltd, covering the period from 2019 to 2023. The applicant union sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the legislative requirements for registration and whether it was made in good faith and without the influence of coercion or undue influence.

The central legal issues addressed by the Commission were whether the agreement was genuinely a product of bargaining between the parties, whether it was made in good faith, and whether it met the statutory criteria for registration. Additionally, the Commission had to consider whether the agreement contained terms that were fair and reasonable, and whether it was consistent with the principles of the Fair Work Act. The Commission also needed to evaluate if the process through which the agreement was reached was free from any improper influences.

In determining the application, the Commission examined the evidence provided by both parties and assessed the nature of the bargaining process. It found that the agreement was indeed a product of genuine negotiations and was made in good faith. The Commission also concluded that the agreement met all statutory criteria for registration and contained fair and reasonable terms. The evidence did not indicate any improper influence or coercion in the bargaining process. Therefore, the Commission approved the collective agreement, finding it compliant with the requirements of the Fair Work Act.

The Fair Work Commission granted the application and approved the Metrotex Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2019-2023 as a registered agreement. The Commission ordered that the agreement be registered and enforceable under the Fair Work Act, effective from the date of the decision.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established