DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1326)

HAUSER PAINTERS PTY LTD T/A FAUX FINISHES AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2016

Application for approval of the Hauser Painters Pty Ltd T/A Faux Finishes and CFMEU Union Collective Agreement 2015 - 2019 (The Agreement).

[1] An application has been made for approval of an enterprise agreement known as the Hauser Painters Pty Ltd T/A Faux Finishes and CFMEU Union Collective Agreement 2015 - 2019 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 6 June 2016. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of a collective agreement with Hauser Painters Pty Ltd T/A Faux Finishes for the period 2015 to 2019. The Fair Work Commission (FWC) was tasked with determining whether the agreement was in the public interest and met the necessary conditions for approval. The decision was made in light of the CFMEU's application, which was brought under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement met the requirements set out in the Act, particularly concerning the public interest and procedural fairness. The FWC had to consider if the agreement was made in good faith, if it was consistent with the objects of the Act, and if it provided for fair and reasonable terms and conditions. Additionally, the FWC assessed whether the process leading to the agreement was fair and whether the agreement was likely to contribute positively to the public interest.

The FWC concluded that the agreement met the criteria for approval. The Commission found that the agreement was made in good faith, was consistent with the objects of the Act, and provided for fair and reasonable terms and conditions. The FWC also determined that the process leading to the agreement was fair and that the agreement was likely to contribute positively to the public interest by providing a stable and predictable employment environment. The FWC's decision was based on the evidence presented, which demonstrated that the agreement was negotiated in a manner that was both fair and reasonable.

The FWC approved the collective agreement, finding it to be in the public interest and meeting the necessary conditions for approval. The Commission's decision was grounded in its assessment of the evidence and the compliance of the agreement with the statutory requirements.

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