Construction, Forestry, Maritime, Mining and Energy Union

[2018] FWCA 4024

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2018/2701)

Paintscape Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2018

Building, metal and civil construction industries
Commissioner Wilson	MELBOURNE, 6 JULY 2018

Application for approval of the Paintscape Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Paintscape Painters & Decorators Pty Ltd / CFMEU Collective Agreement 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 13 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval for the Paintscape Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2018. The applicants argued that the agreement was made in good faith and covered fair and reasonable terms. The Australian Painters & Decorators Trade Practices Association opposed the application, contending that the agreement contained terms that were not fairly and reasonably negotiated and that the union had not acted in good faith. The central issue before the commission was whether the collective agreement met the criteria for approval under the Fair Work Act 2009. This involved determining whether the agreement was made in good faith, covered fair and reasonable terms, and was genuinely negotiated. The commission examined the process of negotiation, the content of the agreement, and the conduct of the parties to assess compliance with the statutory requirements. After careful consideration, the commission found that the agreement was made in good faith and covered fair and reasonable terms. It held that the union had genuinely negotiated the agreement despite the objections of the opposing party. The commission concluded that the agreement satisfied the statutory criteria for approval. As a result, the application for approval of the collective agreement was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established