DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4728)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 5 AUGUST 2016

Application for approval of the Pro Painting Australia 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 Pro Painting Australia 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 5 August 2016 and, in accordance with s.54, will operate from 12 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

In the matter of an application for approval of the Pro Painting Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018, the Fair Work Commission was called upon to assess the terms and conditions outlined in the agreement. The application was brought forth by the Construction, Forestry, Mining and Energy Union, representing the employees, and Pro Painting Australia Pty Ltd, the employer. The primary focus of the dispute was to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The court was tasked with evaluating whether the enterprise agreement complied with the procedural and substantive requirements set forth in the Act. This involved scrutinising the process through which the agreement was negotiated, including whether it was done in good faith and whether the necessary consultations were held. Additionally, the court had to ensure that the agreement did not adversely affect employees' job security and that it contained appropriate dispute resolution mechanisms.

Upon review, the Fair Work Commission found that the agreement was negotiated in good faith and adhered to the procedural requirements. The court also noted that the agreement did not negatively impact job security and included adequate provisions for dispute resolution. Consequently, the Commission approved the enterprise agreement, finding that it met all the necessary legal criteria. The approval was contingent upon the parties adhering to the terms of the agreement and ensuring that it would operate fairly and effectively within the workplace.

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