DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4508)

PURPLE HILLS PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Graphic Arts
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 APRIL 2021

Application for approval of the Purple Hills Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Purple Hills Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. 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. 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.

[2] 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.

[3] The Agreement was approved on 13 April 2021 and, in accordance with s 54, will operate from 20 April 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter involved an application for the approval of a specific enterprise agreement between Purple Hills Painting Pty Ltd and the CFMEU. The dispute was heard by the Fair Work Commission, an Australian federal statutory authority. The application was made by the CFMEU, a trade union representing various sectors of the workforce, and Purple Hills Painting Pty Ltd, a company operating in the painting and decorating industry.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. The key aspects under scrutiny were the agreement's provisions regarding wages, working conditions, and other employment terms. The Commission had to ensure that the agreement did not unfairly disadvantage any party and that it met the statutory standards for enterprise agreements.

The Fair Work Commission evaluated the agreement in light of the legislative framework. It examined the agreement's compliance with the provisions of the Fair Work Act, focusing on whether the agreement provided a safety net for employees, was free from coercion and undue influence, and did not discriminate against employees. The Commission found that the agreement met all the necessary criteria and did not contain any provisions that would unfairly disadvantage the employees. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission granted approval for the Purple Hills Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, finding it compliant with the Fair Work 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