DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4732)

MASTER PAINTERS ACCESSORIES PTY LTD T/AS DEC GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 8 AUGUST 2016

Application for approval of the MASTER PAINTERS ACCESSORIES PTY LTD T/As DEC GROUP 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 MASTER PAINTERS ACCESSORIES PTY LTD T/As DEC GROUP 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 8 August 2016 and, in accordance with s.54, will operate from 15 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Master Painters Accessories Pty Ltd t/as Dec Group and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The primary dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The parties presented arguments on various aspects of the agreement, including its coverage, bargaining process, and compliance with the provisions of the Act.

The legal issues that the Commission needed to address included whether the agreement was genuinely negotiated, if it covered a relevant workforce, and if it complied with the relevant provisions of the Fair Work Act. The Commission also considered whether the agreement contained appropriate mechanisms for dispute resolution and if it met the requirements for good faith bargaining. The Commission examined the submissions from both the applicant union and the employer, as well as any other relevant evidence.

In delivering its decision, the Commission found that the agreement was genuinely negotiated between the parties and covered a relevant workforce. The Commission considered the submissions from both sides and found that the agreement met the legal requirements for approval under the Fair Work Act. The Commission was satisfied that the agreement contained appropriate mechanisms for dispute resolution and that it was in the best interests of the employees covered by the agreement. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Master Painters Accessories Pty Ltd t/as Dec Group and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018, finding that it met the legal requirements for approval under the Fair Work Act. The Commission found that the agreement was genuinely negotiated, covered a relevant workforce, and contained appropriate mechanisms for dispute resolution. The Commission also found that the agreement was in the best interests of the employees covered by the agreement.

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