DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/735)

MORRIS C PAINTING - BUILDING NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 MARCH 2018

Application for approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Morris C Painting - Building NSW 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 5 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMU) applied to the Fair Work Commission (FWC) for approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2018. The agreement was intended to govern the employment terms and conditions of employees in the painting and building sectors of NSW. The dispute was brought before the FWC, with the primary concern being whether the agreement adequately covered the interests of the employees and complied with relevant labour laws.

The central legal issues before the FWC were whether the agreement provided adequate protections for the employees and whether it complied with the requirements of the Fair Work Act 2009 (Cth). The FWC had to consider whether the agreement was made in good faith and whether it contained the necessary provisions to protect the rights and interests of the employees. The CFMU argued that the agreement was fair and reasonable, while some employee representatives contended that the agreement did not sufficiently address their concerns.

The FWC found that the agreement was made in good faith and contained provisions that adequately protected the employees' interests. The FWC considered the content and context of the agreement, including the bargaining process, and determined that it complied with the requirements of the Fair Work Act. The FWC also found that the agreement provided adequate protections for the employees, including provisions on wages, leave entitlements, and dispute resolution mechanisms. As a result, the FWC approved the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2018.

The FWC's final orders included the approval of the agreement, which would now govern the employment terms and conditions of employees in the painting and building sectors of NSW. The CFMU and Morris C Painting - Building NSW Pty Ltd were bound by the agreement, and it would apply to all employees covered by the agreement. The FWC also directed that the agreement be registered with the Australian Industrial Relations Commission, which would give it legal effect.

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