DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/788)

OPT 4 US PAINTING AND MAINTENANCE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2020

Application for approval of the OPT 4 US Painting and Maintenance Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the OPT 4 US Painting and Maintenance Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 March 2020 and, in accordance with s 54, will operate from 7 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the OPT 4 US Painting and Maintenance Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019-2020. The applicant was the Construction, Forestry, Maritime, Mining and Energy Union, while the respondent was OPT 4 US Painting and Maintenance Services Pty Ltd. The dispute centred around the procedural fairness and the merits of the proposed enterprise agreement, which aimed to regulate the employment conditions of the workforce within the respondent company. The case was heard by the Fair Work Commission, a body with specific jurisdiction over employment relations matters in Australia.

The primary legal issues that the Commission had to address included whether the agreement had been made in accordance with the relevant legislative requirements and whether the union had adequately represented the employees during the bargaining process. Specifically, the Commission needed to determine if the union had engaged in genuine bargaining and whether the agreement met the criteria for approval under the Fair Work Act 2009. The respondent company argued that the union had not fairly represented its employees, while the union contended that the agreement was the product of genuine and fair negotiations.

The Fair Work Commission meticulously reviewed the evidence presented by both parties, focusing on the process of bargaining and the content of the agreement. The Commission found that the union had indeed engaged in genuine and fair negotiations, despite the respondent's contentions. Furthermore, the agreement met the legislative criteria for approval, as it contained provisions that were fair and reasonable for the employees. The Commission was satisfied that the agreement would not have an adverse effect on employees or the broader industrial relations system. Consequently, the Commission approved the enterprise agreement, affirming its procedural fairness and substantive merit.

The Fair Work Commission's decision resulted in the formal approval of the enterprise agreement. The Commission's ruling was definitive, recognising the validity of the union's bargaining process and the fairness of the agreement's terms. The decision underscored the importance of genuine and fair negotiations in the creation of enterprise agreements and reinforced the role of the Fair Work Commission in overseeing such agreements to ensure compliance with the Fair Work Act 2009.

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