Construction, Forestry, Maritime, Mining and Energy Union

Case [2023] FWCA 330
[2023] FWCA 330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2023/127)

ATTENTION.TO.DETAIL PAINTING SERVICES PTY LTD AS TRUSTEE FOR LARK FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 3 FEBRUARY 2023

Application for approval of the ATTENTION.TO.DETAIL PAINTING SERVICES PTY LTD AS TRUSTEE FOR LARK FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023

  1. An application has been made for approval of an enterprise agreement known as the ATTENTION.TO.DETAIL PAINTING SERVICES PTY LTD AS TRUSTEE FOR LARK FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

  1. 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.

  1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

  1. The Construction, Forestry, 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2023. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2023] FWCA 330
Case
[2023] FWCA 330
Decision Date

CaseChat Overview and Summary

The case involves an application for approval of the Attention.To.Detail Painting Services Pty Ltd as Trustee for Lark Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023. The application was heard by the Fair Work Commission, specifically the Full Bench, in a decision rendered on 30 March 2022.

The central legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The parties debated the terms of the agreement, particularly focusing on whether the agreement adhered to the provisions regarding good faith bargaining and if the terms and conditions reflected a fair and reasonable standard for employees. The court had to ensure that the agreement complied with the statutory obligations and protected the interests of both employers and employees.

The Full Bench of the Fair Work Commission concluded that the enterprise agreement did indeed meet the criteria for approval. The court found that the agreement was the result of good faith bargaining and provided fair and reasonable terms and conditions for the employees involved. The agreement was deemed to appropriately balance the interests of both the employer and the employees, ensuring compliance with all relevant legislative requirements. The Full Bench approved the enterprise agreement, allowing it to take effect from the date of the decision.

As a result of the approval, the Attention.To.Detail Painting Services Pty Ltd as Trustee for Lark Family Trust and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 was formally recognised and enforceable under the Fair Work Act 2009. This decision sets a precedent for similar agreements in the industry, ensuring that they meet the necessary legal standards for approval.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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