DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2967)

F.G PAINTING & DECORATING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 OCTOBER 2020

Application for approval of the F.G Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the F.G Painting & Decorating 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 21 October 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) lodged an application for approval of a collective agreement with F.G Painting & Decorating Pty Ltd. The application was heard in the Fair Work Commission. The primary dispute centred around the validity and enforceability of certain provisions within the collective agreement, specifically those relating to the introduction of a new pay scale and the conditions under which employees could be required to work overtime.

The central legal issues before the Commission involved whether the provisions of the agreement were consistent with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The CFMEU argued that the agreement was fair and reasonable, while F.G Painting & Decorating Pty Ltd contended that certain provisions were unfair and should not be approved. The Commission had to determine if the new pay scale was reasonable and if the conditions for overtime were fair and in line with the statutory requirements.

In reaching its decision, the Commission examined the nature of the bargaining process and the provisions of the agreement in light of the statutory requirements. The Commission found that the pay scale introduced by the agreement was reasonable, taking into account the economic context and the industry standards. Additionally, the Commission concluded that the conditions for overtime were fair and did not unjustifiably burden the employees. Consequently, the Commission approved the collective agreement in its entirety, finding that it met the necessary criteria for fairness and reasonableness under the Fair Work Act.

The Fair Work Commission approved the F.G Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2019-2022. The Commission's decision was based on the findings that the agreement's provisions were fair and reasonable and complied with the statutory requirements. No further orders were made.

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