DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5388)

JSR PERFORMANCE PAINTING TRUST T/AS JSR PERFORMANCE PAINTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the JSR Performance Painting Trust T/As JSR Performance Painting 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 JSR Performance Painting Trust T/As JSR Performance Painting 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 12 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 court involved an application for approval of the JSR Performance Painting Trust T/As JSR Performance Painting and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The application was brought before the Fair Work Commission, which was the appropriate tribunal for such disputes. The primary issue before the Commission was whether the enterprise agreement met the legal standards for approval, including compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009.

The Commission examined whether the agreement was made in good faith, if it contained the appropriate minimum terms and conditions, and if it was free from prohibited content. It was also necessary to determine if the agreement had been properly negotiated and if it provided for a proper process for the resolution of disputes. The Commission assessed the fairness of the agreement in the context of the broader industrial relations system. It considered the nature of the industry, the bargaining power of the parties, and the impact of the agreement on the workforce.

After thorough deliberation, the Fair Work Commission determined that the agreement did indeed meet the legal criteria for approval. The Commission found that the agreement was made in good faith and contained the requisite minimum terms and conditions. It was also free from any prohibited content and had been properly negotiated. The agreement included provisions for the resolution of disputes and was deemed fair in the context of the relevant industrial relations environment. Consequently, the application for approval was granted.

As a result of the decision, the JSR Performance Painting Trust T/As JSR Performance Painting and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was approved and registered by the Fair Work Commission. The terms and conditions set forth in the agreement would now govern the employment of the relevant workforce for the specified period.

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