DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1042)

METROTEX PAINTERS & DECORATORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2018

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

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

[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 12 April 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 parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Metrotex Painters & Decorators Pty Ltd, who had entered into a collective agreement in 2018. The dispute centred on the application for approval of this agreement by the Fair Work Commission, which was necessary to ensure compliance with the Fair Work Act 2009. The Federal Court of Australia was the tribunal tasked with reviewing the Commission's decision.

The primary legal issues before the court were whether the agreement met the statutory requirements set out in the Fair Work Act, particularly regarding the process for approving the agreement and the content of the agreement itself. The court had to determine if the Commission's decision to approve the agreement was lawful, reasonable, and procedurally fair. The court also needed to consider if the agreement contained any terms that were against public policy or contrary to the spirit of the Act.

The court found that the Commission had followed the correct process in approving the agreement and that the agreement itself complied with the Fair Work Act. The CFMEU and Metrotex Painters & Decorators Pty Ltd had engaged in good faith negotiations, and the terms of the agreement were not contrary to public policy. The court concluded that the Commission's decision to approve the collective agreement was lawful, reasonable, and procedurally fair. Consequently, the application for review was dismissed, and the approval of the Metrotex Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2018 was upheld.

The final orders of the court were that the application for review of the Fair Work Commission's decision be dismissed, and the approval of the Metrotex Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2018 be upheld. The court also ordered that each party bear their own costs of the application.

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