| [2022] FWCA 1625 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2022/1370)
7 STAR PAINTING SERVICES PTY LTD 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, 18 MAY 2022 |
Application for approval of the 7 STAR PAINTING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023
An application has been made for approval of an enterprise agreement known as the 7 STAR PAINTING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 (the Agreement). 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.
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.
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.
The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318.
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- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2022] FWCA 1625
- Case
- [2022] FWCA 1625
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, specifically sections 230 and 231, which require that the agreement be in writing, not be discriminatory, and promote high wages and conditions. Additionally, the Commission needed to assess whether the agreement provided for genuine collective bargaining and if it met the requirements of good faith negotiations. The parties also contested whether the agreement appropriately balanced the rights and interests of employees and employers.
The Commission began by confirming that the agreement was in writing and not discriminatory. It then assessed the terms of the agreement to ensure they promoted high wages and conditions and were the result of genuine collective bargaining. The Commission found that the agreement provided for fair and reasonable terms and conditions, including wage increases, and had been negotiated in good faith between the parties. The Commission also noted that the agreement contained provisions that were consistent with broader industry standards and practices. The Commission concluded that the agreement met all the necessary criteria for approval under the Fair Work Act.
In approving the enterprise agreement, the Commission made an order that the 7 Star Painting Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 be approved as a registered agreement from 1 July 2020. This decision provided certainty to both employers and employees, ensuring that the terms of the agreement would apply to the relevant employees and employers during the specified period.
Orders
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Background
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