DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/3037)

FINAL PAINTING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 SEPTEMBER 2019

Application for approval of the A FINAL PAINTING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018.

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the A FINAL PAINTING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 -2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 6 September 2019 and, in accordance with s 54, will operate from 13 September 2019. The nominal expiry date of the Agreement is 31 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of the A Final Painting (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on the procedural fairness and the process by which the agreement was formed. The application was heard by the Fair Work Commission.

The court was tasked with determining whether the enterprise agreement was genuinely negotiated and whether it adhered to the necessary legal standards. This included assessing whether the agreement was made in good faith, whether the process for its formation was fair, and whether the agreement contained the required minimum terms and conditions. Additionally, the court needed to evaluate whether the agreement complied with the provisions of the Fair Work Act, particularly concerning the procedural fairness and the representation of employees.

The Fair Work Commission found that the enterprise agreement was indeed negotiated in good faith and that the process for its formation was fair. The court emphasised that the agreement was the result of genuine negotiations between the parties, with adequate representation and participation from both sides. The Commission also confirmed that the agreement met all the statutory requirements and contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the A Final Painting (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, confirming its compliance with the Fair Work Act. The court's decision was based on the findings that the agreement was genuinely negotiated, the process was fair, and it contained all the required minimum terms and conditions.

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