DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5011)

GARRY DORIAN PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Garry Dorian Painting 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 Garry Dorian Painting 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 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 case before the court involved an application for the approval of an enterprise agreement between Garry Dorian Painting Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which exercises powers under the Fair Work Act 2009. The primary dispute centred around whether the agreement complied with the statutory requirements for enterprise agreements under the Act, particularly concerning the provisions related to employee entitlements and the scope of the agreement.

The legal issues that the court was required to decide included whether the agreement provided for the minimum entitlements prescribed by the Act, whether it was sufficiently specific and clear in its terms, and if the process of reaching the agreement complied with the procedural fairness requirements outlined in the legislation. Additionally, the court examined whether the agreement covered all employees within the relevant bargaining unit as defined by the Act and whether the agreement was made in good faith.

In its reasoning, the court found that the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009. It held that the agreement provided for the minimum entitlements, was clear and specific in its terms, and was made in good faith. The court also determined that the process of reaching the agreement complied with the procedural fairness requirements, and that the agreement covered all relevant employees within the bargaining unit. Consequently, the court approved the enterprise agreement, confirming its validity and enforceability.

The final orders of the court were that the Garry Dorian Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 be approved and registered under the Fair Work Act 2009. This decision ensured that the agreement would govern the employment conditions of the employees within the specified period and provided certainty to both the employer and the union.

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