DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/396)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 MARCH 2021

Application for approval of the PROLAC PTY LTD Tas PROLAC PAINTING MANAGEMENT PTY LTD 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 PROLAC PTY LTD Tas PROLAC PAINTING MANAGEMENT PTY LTD 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 10 March 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 matter before the Fair Work Commission involved an application for the approval of the PROLAC PTY LTD Tas PROLAC PAINTING MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The primary dispute centred around the terms and conditions of the proposed enterprise agreement, specifically its compliance with relevant industrial legislation and fairness in its provisions.

The legal issues that the Commission was required to address included whether the agreement was genuinely negotiated between the parties, whether it provided for proper consideration of the employees' interests, and if it complied with the statutory requirements under the Fair Work Act 2009. The Commission also needed to consider if the agreement contained appropriate dispute resolution mechanisms and if it met the standards of procedural fairness.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and contained provisions that were fair and reasonable. The Commission determined that the agreement was appropriately structured to provide for the terms and conditions of employment and did not unfairly disadvantage either party. The Commission also found that the agreement complied with the statutory requirements and contained suitable dispute resolution mechanisms. Consequently, the Commission approved the agreement, finding it to be in the best interests of the employees and the employers.

The final orders of the Commission included the approval of the PROLAC PTY LTD Tas PROLAC PAINTING MANAGEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, effective from 1 July 2020 for a period of three years. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period.

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