DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3820)

HIGGINS COATINGS PROPRIETARY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2020

Application for approval of the HIGGINS COATINGS PROPRIETARY LIMITED 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 HIGGINS COATINGS PROPRIETARY LIMITED 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] The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to the Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union, represented by Higgins Coatings Proprietary Limited, applied for the approval of the Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 under the Fair Work Act 2009. The Australian Industrial Relations Commission heard the application, with the union arguing that the agreement should be registered to facilitate fair and efficient workplace practices. The dispute centred on whether the agreement met the criteria for approval under the Act, particularly regarding its compliance with the requirements for good faith bargaining and its fairness to all parties involved.

The court examined whether the agreement was genuinely negotiated between the parties, whether it contained all necessary provisions, and whether it met the standards of procedural fairness. The union argued that the agreement was the result of good faith negotiations and was fair and reasonable. The court also considered whether the agreement provided for appropriate mechanisms for resolving disputes and whether it adhered to the broader principles of industrial law, including fairness and reasonableness. The union presented evidence of the negotiation process and the contents of the agreement, aiming to demonstrate its compliance with the statutory requirements.

In its decision, the court found that the agreement was genuinely negotiated in good faith and contained all necessary provisions. The court was satisfied that the agreement was fair and reasonable, meeting the standards set out in the Fair Work Act 2009. The union successfully demonstrated that the agreement was the result of proper negotiation processes and that it provided for adequate dispute resolution mechanisms. The court approved the agreement, allowing it to be registered and enforced as a binding enterprise agreement.

The court's final order was the approval and registration of the Subcontractors Painting & Decorating Enterprise Agreement 2020-2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were bound by its terms and conditions. This decision provided clarity and certainty to the parties involved, ensuring that the agreement would govern their industrial relations practices 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