DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1301)

THE TRUSTEE FOR SYDNEY RENDERERS AND PAINTERS TRUST T-AS SYDNEY RENDERERS & PAINTERS / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 MAY 2018

Application for approval of the The Trustee for Sydney Renderers and Painters Trust t-as Sydney Renderers & Painters / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the The Trustee for Sydney Renderers and Painters Trust t-as Sydney Renderers & Painters / 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 14 May 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

The matter before the court involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) to approve a collective agreement between the Trustee for the Sydney Renderers and Painters Trust and the union. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the relevant industrial relations legislation.

The primary legal issue for the court to determine was whether the collective agreement satisfied all the requirements of the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was made in good faith, provided for a fair and efficient workplace, and complied with other statutory conditions. The court also needed to consider whether the agreement adequately protected the rights of employees and employers.

In delivering the judgment, the court examined the terms and provisions of the collective agreement in detail. The court found that the agreement was negotiated in good faith and contained provisions that ensured a fair and efficient workplace. The court was satisfied that the agreement met all the statutory requirements under the Fair Work Act. The court noted that the agreement provided for appropriate dispute resolution mechanisms and protected the rights of both employees and employers. Based on this analysis, the court approved the collective agreement as proposed.

The court's final order was that the CFMEU's application for approval of the collective agreement be granted. The agreement was to be registered with the Fair Work Commission and would become effective from the date of the court's judgment. The decision affirmed the importance of collective bargaining in ensuring fair and efficient workplace practices while protecting the rights of both parties.

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