DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/995)

PURPLE HILLS PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 22 APRIL 2020

Application for approval of the PURPLE HILLS PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the PURPLE HILLS PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 29 April 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Purple Hills Painting Pty Ltd (Purple Hills) applied for approval of the Enterprise Agreement 2019-2020. The agreement outlines the terms and conditions of employment for employees in the painting industry in Victoria. The CFMEU is an incorporated association and registered as a union under the Workplace Relations Act 1996 (Cth). Purple Hills is a painting and decorating contractor. The Commission was required to determine whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009 (Cth).

The primary legal issue was whether the agreement was made in the course of genuine collective bargaining. The Commission considered whether the agreement was fairly and genuinely negotiated and whether there was an appropriate process in place for the negotiation and finalisation of the agreement. The Commission also considered whether the agreement met the minimum standards set out in the Fair Work Act and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was made in the course of genuine collective bargaining and that the process for negotiation and finalisation was appropriate. The Commission also found that the agreement met the minimum standards set out in the Fair Work Act and provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Commission's decision highlights the importance of genuine collective bargaining and the need for an appropriate process for the negotiation and finalisation of enterprise agreements. The decision also emphasises the need for enterprise agreements to meet the minimum standards set out in the Fair Work Act and to provide for fair and reasonable terms and conditions of employment. The modifications to the agreement ensure that it complies with the Fair Work Act and provides for the fair and reasonable treatment of employees.

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