DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3970)

KOUREAS COMMERCIAL PAINTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 31 DECEMBER 2020

Application for approval of the Koureas Commercial Painting Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Koureas Commercial Painting Pty Ltd / CFMEU Collective Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 January 2021. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Koureas Commercial Painting Pty Ltd came before the Fair Work Commission to seek approval of their collective agreement for the period 2019-2022. The CFMEU, as a registered organisation, and Koureas, an employer, sought to formalise their employment terms through a collective agreement. The central issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009, particularly in terms of its adherence to the requirements for enterprise agreements and its fairness in relation to employees' rights and entitlements.

The Commission examined the agreement to ensure it met the statutory criteria for approval, including that it did not have an adverse effect on employees’ jobs, conditions of employment or terms of employment, and did not discriminate against any employee. The CFMEU and Koureas submitted that the agreement was fair and reasonable, and that it provided for appropriate protections and benefits for the employees covered by the agreement. The Commission considered the arguments and submissions from both parties and reviewed the content of the agreement. It determined that the agreement complied with the statutory requirements and was fair and reasonable, taking into account the interests of both the employer and the employees.

Accordingly, the Commission approved the Koureas Commercial Painting Pty Ltd / CFMEU Collective Agreement 2019-2022. The approval ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the collective agreement, providing certainty and stability for both the employer and the employees. The decision reinforces the importance of collective bargaining and the role of the Commission in facilitating the negotiation and approval of enterprise agreements.

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