DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3778)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Western 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 Western 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 7 July 2016 and, in accordance with s.54, will operate from 14 July 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 Construction, Forestry, Mining and Energy Union (CFMEU) and Western Painting Pty Ltd sought approval for their Enterprise Agreement, which covered the period from 2016 to 2018, from the Fair Work Commission. The union and the employer presented their agreement for endorsement, seeking to formalise their terms of employment within the legal framework of the Fair Work Act. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved assessing the agreement against the statutory requirements set forth in the Fair Work Act. This included ensuring that the agreement provided for fair and reasonable terms and conditions, that it did not discriminate against employees, and that it complied with any applicable awards or other industrial instruments. The Commission had to determine if the agreement met the "better off overall test" and whether it contained provisions that were contrary to public policy or contrary to any minimum standards set by the Act.

The Commission found that the agreement met the criteria for approval. It concluded that the agreement provided for fair and reasonable terms and conditions of employment and that it did not contain any provisions that were contrary to public policy. The Commission was satisfied that the agreement was in the best interests of the employees and that it complied with the statutory requirements under the Fair Work Act. The Commission approved the Enterprise Agreement, formalising the terms and conditions of employment between the CFMEU and Western Painting Pty Ltd for the specified period.

The Fair Work Commission approved the Enterprise Agreement between the Construction, Forestry, Mining and Energy Union and Western Painting Pty Ltd, effective from 2016 to 2018. The Commission determined that the agreement met the statutory requirements for approval and was in the best interests of the employees. The decision finalised the terms and conditions of employment as outlined in the agreement, providing certainty for both the union and the employer.

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