DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1702)

NEAT PAINTING HOLDINGS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 MAY 2018

Application for approval of the Neat Painting Holdings Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Neat Painting Holdings 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.

[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 28 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between Neat Painting Holdings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union. The applicant, Neat Painting Holdings Pty Ltd, sought to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether these terms complied with the provisions of the Act. The Commission was tasked with examining the agreement to determine its validity and whether it adhered to the requirements for registration.

The key legal issues addressed by the Commission included whether the collective agreement was genuinely negotiated and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it met the criteria for being a low-paid workplace determination. The Commission also evaluated the fairness of the terms and conditions proposed in the agreement, including issues such as wages, working hours, and dispute resolution mechanisms.

After a thorough examination of the evidence and submissions presented by both parties, the Commission concluded that the agreement was genuinely negotiated and met the procedural requirements for registration. The Commission found that the terms and conditions of the agreement were fair and reasonable, and that the agreement was in the best interests of the employees. The Commission also determined that the agreement qualified as a low-paid workplace determination. Consequently, the Commission approved the Neat Painting Holdings Pty Ltd / CFMEU Collective Agreement 2018 as a registered instrument. The approval was subject to certain conditions, including the requirement for the employer to provide the union with certain information and to give notice of any changes to the agreement.

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