DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5566)

A TEAM PAINTING SERVICE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the A Team Painting Service Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the A Team Painting Service Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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, 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, 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 21 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Enterprise Agreement between the A Team Painting Service Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the period 2016-2018. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The commission had to determine if the agreement included the minimum terms and conditions mandated by the Act, and if it was free from any unfair content that could undermine the rights or interests of employees.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly the requirement that it include all the minimum terms and conditions. Another aspect of the case was to ensure that the agreement did not contain unfair provisions that could potentially disadvantage employees. The commission also examined whether the agreement had been genuinely negotiated between the parties and if it had been appropriately certified by the Australian Building and Construction Commission.

In its decision, the Fair Work Commission found that the agreement satisfied all the statutory requirements. The commission confirmed that the agreement incorporated all the minimum terms and conditions stipulated by the Fair Work Act. Furthermore, the commission determined that there were no unfair provisions in the agreement that could harm the interests of the employees. The commission also verified that the agreement was genuinely negotiated and had been duly certified. Based on these findings, the commission approved the Enterprise Agreement between the A Team Painting Service Pty Ltd and the Construction, Forestry, Mining and Energy Union for the specified period.

The Fair Work Commission approved the Enterprise Agreement, recognising it as compliant with the requirements of the Fair Work Act. The decision underscores the importance of ensuring that enterprise agreements meet the statutory criteria, including the incorporation of minimum terms and conditions, the absence of unfair content, and proper negotiation and certification processes.

Construction, Forestry, 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