DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3781)

PURPLE HILLS CONTRACTING PTY LTD T/AS PURPLE HILLS PAINTING 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 Purple Hills Contracting Pty Ltd T/As Purple Hills Painting 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 Purple Hills Contracting Pty Ltd T/As Purple Hills Painting 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 applicant, Purple Hills Contracting Pty Ltd trading as Purple Hills Painting, applied for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The dispute was heard by the Fair Work Commission (FWC). The legal issues that the FWC needed to address were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it contained the necessary protections for employees.

The FWC examined the agreement to ensure it met the formal requirements set out in the Act, such as whether it was in writing, included the names and addresses of the parties, and had been signed by authorised representatives. Additionally, the FWC assessed the agreement to verify it contained the minimum entitlements prescribed by the Act, including minimum wages, leave entitlements, and other conditions of employment. The FWC also considered whether the agreement dealt with the employees' terms of employment in a manner that was not detrimental to the employees.

The FWC found that the agreement was valid and did not contain any terms that were contrary to the Act. The FWC approved the agreement, finding that it met all the necessary requirements and provided adequate protections for the employees. The FWC noted that the agreement contained terms that were better than the minimum entitlements prescribed by the Act, such as higher wages and additional leave entitlements.

The FWC approved the Purple Hills Contracting Pty Ltd T/As Purple Hills Painting and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

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