DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/4905)

A.F. SARRI PTY. LTD. T/AS SARRI PAINTERS AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 25 OCTOBER 2018

Application for approval of the A.F. Sarri Pty. Ltd. T/As Sarri Painters and CFMMEU Union Collective Agreement 2018-2019

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the A.F. Sarri Pty. Ltd. T/As Sarri Painters and CFMMEU Union Collective Agreement 2018-2019(the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a collective agreement between the union and A.F. Sarri Pty Ltd trading as Sarri Painters. The CFMEU argued the agreement was appropriate and necessary for the workers' safety and efficiency, while Sarri Painters opposed the approval, claiming the agreement imposed unnecessary restrictions and costs on the business. The FWC was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the FWC was whether the collective agreement provided a safety net for workers, improved productivity, and was not unduly restrictive or detrimental to the employer's business. The FWC needed to balance the union's interests in promoting worker safety and conditions against the employer's right to manage their business efficiently. The FWC examined the content of the agreement, the arguments of both parties, and relevant precedents to reach its decision.

In making its determination, the FWC considered the overall fairness of the agreement and its impact on both parties. The FWC found that the agreement did provide a safety net for workers, improved productivity, and was not unduly restrictive or detrimental to the employer's business. The FWC was satisfied that the agreement met the criteria for approval under the Fair Work Act 2009. The FWC approved the collective agreement, finding that it was appropriate and necessary for the workers' safety and efficiency.

The FWC approved the collective agreement between the CFMEU and A.F. Sarri Pty Ltd trading as Sarri Painters. The decision confirmed the FWC's authority to approve collective agreements that meet the statutory criteria, providing a safety net for workers, improving productivity, and not unduly restricting or detrimental to the employer's business. The approval of the agreement demonstrates the FWC's commitment to balancing the interests of workers and employers in the collective bargaining process.

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