DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1587)

MORRIS C PAINTING - BUILDING NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 18 JUNE 2020

Application for approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Morris C Painting - Building NSW 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 25 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2019-2022. The agreement was entered into between the employer and the union, representing employees within the painting and decorating industry in New South Wales. The application for approval was opposed by two other unions, the Australian Workers' Union and the Electrical Trades Union, as well as a trade association, the Master Painters Association. The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the relevant principles of good faith bargaining and procedural fairness.

The Commission began by considering the procedural fairness of the agreement, focusing on whether the employer had engaged in genuine bargaining with the union. It was established that the employer had met with the union on multiple occasions and had provided information and documents relevant to the bargaining process. The Commission noted that while the union did not have exclusive bargaining rights, the employer's willingness to engage in discussions and reach a negotiated agreement was a positive indicator of procedural fairness. Furthermore, the Commission examined whether the agreement met the substantive requirements of the Fair Work Act, including provisions related to minimum wages, classification, and working conditions. The Commission found that the agreement adequately covered these areas and provided a fair and reasonable framework for the employees within the industry.

In its decision, the Fair Work Commission approved the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2019-2022. The Commission determined that the agreement met the statutory requirements for approval, as it was the product of genuine bargaining between the employer and the union, and provided a fair and reasonable framework for the employees within the industry. The Commission also found that the agreement complied with the principles of good faith bargaining and procedural fairness, as the employer had engaged in discussions and provided information to the union throughout the bargaining process. In reaching its decision, the Commission emphasised the importance of collective bargaining and the role of collective agreements in promoting fair and equitable outcomes for both employers and employees within an industry.

In approving the agreement, the Fair Work Commission ordered that the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2019-2022 be registered and become a registered agreement under the Fair Work Act 2009. The agreement would then be applicable to all employees within the painting and decorating industry in New South Wales who were covered by the agreement, providing them with a fair and reasonable framework for their employment conditions. The Commission also ordered that the agreement be published on its website and that the parties to the agreement be notified of the decision. This decision provided clarity and certainty for the parties involved, as well as for the broader industry, and served to promote the principles of collective bargaining and fair work practices in Australia.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Reasons for decision

Legal Principle Established