DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4594)

THE POLLOCK FAMILY TRUST T/AS POLLOCK PAINTING SERVICE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 26 JULY 2016

Application for approval of The Pollock Family Trust T/As Pollock Painting Service 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 Pollock Family Trust T/As Pollock Painting Service 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 26 July 2016 and, in accordance with s.54, will operate from 2 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The Pollock Family Trust, trading as Pollock Painting Service, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) brought an application before the Fair Work Commission seeking approval of their Enterprise Agreement 2016-2018. The Trust and the Union argued that the proposed agreement was appropriate for the workers employed in the painting industry, providing fair terms and conditions of employment. The application was contested by a group of employees who raised concerns about specific provisions within the agreement, arguing they were not in the best interests of the workforce.

The legal issues before the Commission involved determining whether the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it was free from any unlawful content. The Commission also had to consider if the agreement was made in good faith and whether it was genuinely bargained between the parties. Furthermore, the Commission needed to evaluate if the agreement would have a detrimental effect on the employees' overall terms and conditions of employment.

The Fair Work Commission held that the Enterprise Agreement met the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and was free from any unlawful content. The Commission determined that the agreement was made in good faith and was genuinely bargained between the parties. The Commission also found that the proposed agreement would not have a detrimental effect on the overall terms and conditions of employment for the employees. As a result, the Fair Work Commission approved the Enterprise Agreement 2016-2018 between The Pollock Family Trust, trading as Pollock Painting Service, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division).

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