DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/5435)

PROFINISH COATINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 10 OCTOBER 2018

Application for approval of the Profinish Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Profinish Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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 17 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Profinish Coatings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement in question covered the period from 2016 to 2018 and included terms and conditions for the employees of Profinish Coatings Pty Ltd. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the process by which the agreement was made and its content. The Commission had to assess whether the agreement was genuinely negotiated between the parties and whether it contained only matters that were bargainable. Additionally, the Commission needed to determine if the agreement provided for a fair and efficient workplace and if it was consistent with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated between the parties and that it met the statutory requirements for approval. The Commission concluded that the agreement was made in good faith, covered only bargainable matters, and provided for a fair and efficient workplace. The Commission also found that the agreement was consistent with the overarching objectives of the Fair Work Act 2009. Consequently, the application for approval was successful, and the agreement was approved as a registered agreement.

The Fair Work Commission approved the Profinish Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, registering it under the Fair Work Act 2009. The agreement, which sets out the terms and conditions of employment for the employees of Profinish Coatings Pty Ltd, will now be in effect for the specified period. This decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement is legally binding and enforceable.

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