Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 6160

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/5279)

TRIPLE R PAINTING SERVICES and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
Commissioner Johns	MELBOURNE, 4 OCTOBER 2018

Application for approval of the TRIPLE R PAINTING SERVICES and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of an enterprise agreement known as the TRIPLE R PAINTING SERVICES 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2018. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the TRIPLE R PAINTING SERVICES and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The dispute centred on whether the proposed agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered. The Fair Work Commission was tasked with determining if the agreement provided fair and reasonable terms and conditions, and if it was free from any prohibited content.

The primary legal issues the Commission addressed were whether the agreement complied with the statutory requirements for registration, particularly concerning the coverage of the agreement, the procedural fairness of the bargaining process, and the absence of any provisions that could be considered contrary to public policy or detrimental to employees' rights. The Commission had to ensure that the agreement did not contain any terms that were contrary to the public interest or that would undermine the rights of employees under the Fair Work Act.

After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement was fair and reasonable and did not contain any prohibited content. The Commission found that the agreement provided appropriate terms and conditions for the employees covered by it, and that the bargaining process had been conducted in a procedurally fair manner. The Commission also noted that the agreement did not contain any terms that were contrary to public policy or that would undermine the rights of employees. As a result, the Fair Work Commission approved the agreement, and it was registered under the Fair Work Act.

The final order of the Commission was that the TRIPLE R PAINTING SERVICES and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered as a valid and binding enterprise agreement. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established