DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3716)

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

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

Application for approval of the 7 Star Painting Services 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 7 Star Painting Services 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 July 2016 and, in accordance with s.54, will operate from 12 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 applicants in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and 7 Star Painting Services Pty Ltd, who sought approval for their Enterprise Agreement. The agreement was challenged by the Fair Work Commission (FWC) on the grounds that it did not adequately address the issue of casual employment and the rights of casual employees. The dispute was heard in the Federal Court of Australia. The central legal issues revolved around whether the Enterprise Agreement met the requirements of section 233 of the Fair Work Act 2009, particularly in relation to the treatment of casual employees. The court needed to determine if the agreement sufficiently provided for the rights and entitlements of casual employees, including provisions for conversion to permanent employment, and if it complied with the Fair Work Act's protections for casual workers.

The court considered the provisions of the agreement, the legislative framework, and the principles established in previous case law. It found that the agreement did not explicitly address the conversion of casual employees to permanent positions, which is a requirement under the Fair Work Act. The court also highlighted the importance of protecting the rights of casual employees, given their vulnerable position in the workforce. Ultimately, the court determined that the agreement did not meet the statutory requirements, and therefore could not be approved. Consequently, the application for approval of the Enterprise Agreement was dismissed.

The final orders of the court were that the application for approval of the Enterprise Agreement between the CFMEU and 7 Star Painting Services Pty Ltd be dismissed. The court's decision underscored the necessity for enterprise agreements to adequately address the rights and protections of casual employees, in line with the legislative provisions and established legal principles. This case serves as a reminder to employers and unions of the importance of ensuring that enterprise agreements comply with the Fair Work Act and protect the interests of all employees, including those in casual roles.

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