Construction, Forestry, Maritime, Mining and Energy Union Summary

[2023] FWCA 2871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/2950)

HAUSER PAINTERS PTY LTD T/AS FAUX FINISHES AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 SEPTEMBER 2023

Application for approval of the Hauser Painters Pty Ltd T/As Faux Finishes and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Hauser Painters Pty Ltd T/As Faux Finishes and CFMEU Union Collective Agreement 2023–2027 (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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) for the approval of a collective agreement between the union and Hauser Painters Pty Ltd T/As Faux Finishes for the period 2023–2027. The agreement was intended to set the terms and conditions of employment for the workers involved. The primary issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and whether it met the requirements for being a lawful and appropriate instrument for regulating employment conditions. The Commission had to determine if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The union argued that the agreement was made in good faith and was fair and reasonable, while the employer maintained that certain provisions were not in line with the legal standards and industrial benchmarks.

The Fair Work Commission assessed the agreement against the statutory criteria outlined in the Fair Work Act. It considered the good faith requirement, the fairness of the terms, and whether the agreement adhered to the national employment standards and any applicable awards. The Commission examined specific clauses of the agreement, including those relating to wages, hours of work, leave entitlements, and other conditions. The Commission also considered the context in which the agreement was made, including any industrial disputes or bargaining processes that preceded the agreement. After careful review, the Commission found that while the agreement was largely in line with the statutory requirements, certain provisions needed to be modified to ensure they met the standards of fairness and reasonableness. The Commission made several amendments to the agreement to address these issues.

The Fair Work Commission ultimately approved the agreement with certain modifications. The amended agreement was found to meet the requirements of the Fair Work Act, including being made in good faith and providing for fair and reasonable terms and conditions of employment. The Commission noted that the modifications were necessary to ensure compliance with the law and to protect the interests of the employees. The final orders included the approval of the collective agreement with the specified amendments, which were communicated to both parties. The Commission's decision was based on a detailed analysis of the agreement and the relevant legal framework, ensuring that the terms of the agreement were fair, reasonable, and compliant with the statutory requirements.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established