DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4530)

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

Building, metal and civil construction industries
COMMISSIONER LEE	SYDNEY, 5 DECEMBER 2019

Application for approval of the WESTERN 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 WESTERN 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 12 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Western Painting Pty Ltd for the approval of their Enterprise Agreement 2019-2020. The application was heard in the Fair Work Commission, where the primary concern was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The CFMEU represented the employees of Western Painting Pty Ltd, and the application was for a four-year agreement aimed at setting out the terms and conditions of employment for the workers.

The central legal issues revolved around whether the Enterprise Agreement satisfied the requirements of the Fair Work Act, including whether it provided for minimum rates of pay, included appropriate provisions for employee entitlements, and was free from any provisions that could be considered contrary to public policy. Additionally, the court needed to determine if the agreement had been genuinely negotiated and if it provided for the proper process of dispute resolution. The application's approval hinged on meeting all these criteria to ensure the agreement was fair and balanced.

The Fair Work Commission examined the agreement closely, considering the bargaining positions of both parties, the negotiation process, and the content of the agreement. The Commission found that the agreement met all the necessary statutory requirements. It included provisions for minimum wages, employee entitlements, and did not contain any clauses that were contrary to public policy. The Commission was satisfied that the agreement had been genuinely negotiated and provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the Enterprise Agreement 2019-2020, recognising it as a fair and reasonable document that met all legislative standards.

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