DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5284)

MAPOL NOMINEES PTY LTD T/AS AMALGAMATED PAINTING SERVICE AND CFMEU UNION COLLECTIVE AGREEMENT 2020‒2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2021

Application for approval of the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service and CFMEU Union Collective Agreement 2020‒2022.

[1] An application has been made for approval of an enterprise agreement known as the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service and CFMEU Union Collective Agreement 2020‒2022 (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 10 June 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for the Mapol Nominees Pty Ltd T/As Amalgamated Painting Service and CFMEU Union Collective Agreement 2020‒2022. The case was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations matters. The primary issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act 2009, particularly in terms of the application and scope of the agreement, and whether it complied with the statutory provisions for good faith bargaining and other relevant legislative criteria.

The Commission examined the process by which the agreement was negotiated, ensuring that it was conducted in good faith as required by the Act. The focus was also on whether the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. The CFMEU argued that the agreement was the result of thorough and genuine negotiations, while Mapol Nominees contended that certain provisions were unreasonable and did not reflect the true nature of the bargaining process. The Commission evaluated the evidence presented by both parties and considered the broader implications of the agreement on the industry and the workforce it covered.

After careful consideration of the arguments and the evidence, the Commission found that the collective agreement was indeed the result of genuine and good faith negotiations. It was concluded that the agreement was fair and reasonable, meeting all statutory requirements. The Commission approved the collective agreement, allowing it to come into effect from the specified date. This decision was based on the satisfaction of the legal criteria set out in the Fair Work Act, and the overall fairness and reasonableness of the terms negotiated between the parties.

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