DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/151)

7 STAR PAINTING SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 5 FEBRUARY 2020

Application for approval of the 7 Star Painting Services 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 7 Star Painting Services 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 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 12 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the Enterprise Agreement between 7 Star Painting Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019 to 2020. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was made in good faith and whether it contained the minimum terms and conditions as stipulated by the Act.

The Fair Work Commission examined the process through which the agreement was negotiated and whether it was done in good faith. The Commission also assessed whether the agreement contained all the mandated minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions. Additionally, the Commission considered whether the agreement provided for a proper dispute resolution process. The Commission found that the agreement was negotiated in good faith and contained all the required minimum terms and conditions. It also determined that the dispute resolution process outlined in the agreement was adequate.

Based on the evidence and arguments presented, the Fair Work Commission approved the Enterprise Agreement. The Commission was satisfied that the agreement met all the legal requirements for approval. The decision was based on the comprehensive nature of the agreement, which addressed all necessary employment terms and conditions, and the fair negotiation process observed.

The final orders of the Fair Work Commission were that the Enterprise Agreement between 7 Star Painting Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the period 2019 to 2020 be approved. This decision meant that the agreement would be legally binding on the parties from the date of approval.

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