DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/3134)

MODERN PAINTING PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 29 OCTOBER 2020

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

[1] An application has been made for approval of an enterprise agreement known as the Modern Painting Projects 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 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 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 5 November 2020. 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 case before the Fair Work Commission involved an application for the approval of a collective agreement between Modern Painting Projects Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the period 2019-2022. The dispute centred around the terms and conditions outlined in the proposed agreement, specifically whether they complied with the relevant provisions of the Fair Work Act 2009.

The legal issues before the court required determining whether the collective agreement met the statutory criteria for approval under the Fair Work Act. This included assessing whether the agreement was made in good faith and whether it provided for the terms and conditions of employment that were fair and reasonable. The court also had to consider whether the agreement appropriately balanced the rights and interests of the employer and the employees.

The Fair Work Commission found that the collective agreement met the statutory criteria for approval. The court held that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The agreement balanced the rights and interests of the employer and the employees, taking into account the specific circumstances of the workplace and the bargaining positions of the parties. Consequently, the court approved the collective agreement, recognising its compliance with the requirements of 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