DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5204)

QUALITY DECORATING VICTORIA PTY LTD T/A OPAT AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 MAY 2021

Application for approval of the QUALITY DECORATING VICTORIA PTY LTD Tas OPAT 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 QUALITY DECORATING VICTORIA PTY LTD Tas 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 7 June 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 Quality Decorating Victoria Pty Ltd Tas OPAT and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The Fair Work Commission was asked to review and approve the enterprise agreement, which was intended to regulate the terms and conditions of employment for subcontractors in the painting and decorating industry within Victoria.

The central legal issues that the Commission had to address were whether the enterprise agreement was fairly negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission had to ensure that the agreement met the criteria for approval, including that it provided for fair and reasonable terms and conditions, and that it was made in good faith and without any coercion. Additionally, the Commission needed to consider whether the agreement provided adequate protection for the rights and interests of the employees covered by it.

In reaching its decision, the Commission examined the process through which the enterprise agreement was negotiated and the content of the agreement itself. The Commission considered whether the parties had engaged in genuine bargaining and whether the terms of the agreement were fair and reasonable. The Commission also took into account the impact of the agreement on the employees and the broader industry. After careful consideration, the Commission determined that the enterprise agreement was fairly negotiated and met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and was made in good faith.

Consequently, the Fair Work Commission approved the Quality Decorating Victoria Pty Ltd Tas OPAT and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement was registered and is now legally binding on the parties and their employees.

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