DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4892)

A.F. SARRI PTY LTD T/AS SARRI PAINTERS AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2021

Application for approval of the A.F. Sarri Pty Ltd T/As Sarri Painters and CFMEU Union Collective Agreement 2020–2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the A.F. Sarri Pty Ltd T/As Sarri Painters and CFMEU Union Collective Agreement 2020–2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 May 2021 and, in accordance with s 54, will operate from 13 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Sarri Painters and the union for the period 2020-2022. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the collective agreement complied with the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the requirements for good faith bargaining, covered all relevant employees and employers, and included appropriate provisions for the protection of employees' rights.

The Commission carefully examined the content and context of the agreement, assessing if it was the product of genuine and meaningful negotiations. The CFMEU argued that the agreement was the result of rigorous and fair negotiations with Sarri Painters, whereas the latter raised concerns about certain clauses, suggesting they were not in line with the principles of good faith bargaining. The Commission considered the evidence presented by both parties, including witness testimonies and the negotiation process documentation. Ultimately, the Commission found that the agreement was indeed the result of good faith bargaining and that it complied with the statutory requirements.

In light of the findings, the Fair Work Commission approved the collective agreement between Sarri Painters and the CFMEU for the period 2020-2022. The Commission concluded that the agreement appropriately balanced the rights and interests of both employers and employees, and adhered to the principles of good faith bargaining as required by the Fair Work Act 2009. The final orders of the Commission were that the agreement be approved and registered under the Act.

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