DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/1725)

BRIGHT WHITE PAINTING & DECORATING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JUNE 2019

Application for approval of the Bright White Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bright White Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2019 (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 June 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Bright White Painting & Decorating Pty Ltd, with a focus on the proposed collective agreement for the year 2019. The CFMEU sought approval of the agreement, which detailed terms and conditions of employment for workers within the company. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval.

The primary legal issues before the Commission included whether the agreement was made in good faith, whether it provided for the proper bargaining of terms and conditions of employment, and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to assess whether the agreement would cause undue hardship to the employer and if it was consistent with the public interest.

The Fair Work Commission, in its decision, examined the process by which the agreement was negotiated and concluded that it was made in good faith. The Commission found that the agreement provided for the proper bargaining of terms and conditions, and it did not cause undue hardship to the employer. Furthermore, the Commission determined that the agreement was consistent with the public interest and met the legal criteria for approval. The Commission approved the collective agreement, thereby resolving the dispute between the parties.

The Commission's final orders included the approval of the Bright White Painting & Decorating Pty Ltd / CFMEU Collective Agreement 2019, which would now govern the terms and conditions of employment for the workers within the company for the specified period.

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