DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5126)

MASTER PAINTERS ACCESSORIES PTY LTD TAS DEC GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MAY 2021

Application for approval of the MASTER PAINTERS ACCESSORIES PTY LTD Tas DEC GROUP 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 MASTER PAINTERS ACCESSORIES PTY LTD Tas DEC GROUP 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 1 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Master Painters Accessories Pty Ltd (MPA) sought approval for the Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 in the Fair Work Commission (FWC). The application was brought before the Commission in an effort to formalise the terms of employment for subcontractors within the painting and decorating industry in Victoria. The CFMEU, representing the employees, and MPA, the employer, aimed to reach a consensus on the conditions of employment, including wages, hours of work, and other relevant terms.

The primary legal issue that the FWC had to address was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the FWC had to ensure that the agreement met the criteria for "better off overall" as required by section 234 of the Act. This meant that the agreement had to provide a minimum of 20% of the agreement’s employees with a total pay package at least 2.5% better than the applicable award or registered agreement, and at least 80% of employees had to be at least 1% better off overall. Additionally, the FWC had to consider whether the agreement provided for genuine bargaining and if it was free from any coercive conduct.

In its decision, the FWC examined the evidence and submissions provided by both parties. The Commission found that the proposed agreement met the "better off overall" test, as it provided a significant proportion of employees with improved pay and conditions. The FWC also concluded that the agreement had been genuinely negotiated without any undue influence or coercion. Therefore, the FWC approved the Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, effective from 1 July 2020 until 30 June 2023. This decision provided clarity and certainty for employers and employees within the painting and decorating industry in Victoria.

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