DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/234)

A.F. SARRI PTY LTD T/AS SARRI PAINTERS (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 FEBRUARY 2020

Application for approval of the A.F. Sarri Pty Ltd T/As Sarri Painters (Queens Wharf Project) Union Collective Agreement 2018.

[1] An application has been made for approval of a greenfields agreement known as the A.F. Sarri Pty Ltd T/As Sarri Painters (Queens Wharf Project) Union Collective Agreement 2018 (the Agreement). The application was made by the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2020. The nominal expiry date of the Agreement is 1 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this matter were the Construction, Forestry, Maritime, Mining and Energy Union and A.F. Sarri Pty Ltd T/As Sarri Painters. The nature of the dispute was an application for the approval of the 2018 Union Collective Agreement. This application was brought before the Fair Work Commission. The legal issues that the court was required to decide were whether the agreement met the requirements of section 234 of the Fair Work Act 2009, specifically whether it provided for minimum rates of pay and conditions that were no less favourable than the relevant award or registered agreement, and whether it contained provisions that were contrary to the public interest.

The court found that the agreement did meet the requirements of section 234 of the Fair Work Act 2009. It was noted that the agreement provided for minimum rates of pay and conditions that were no less favourable than the relevant award or registered agreement. Additionally, the court found that the agreement did not contain any provisions that were contrary to the public interest. As such, the application for approval of the agreement was granted. The court's reasoning was based on a thorough examination of the agreement and the relevant legislation. The outcome of the case was that the agreement was approved, allowing the parties to proceed with the terms and conditions outlined within it.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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