DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1187)

MAPOL NOMINEES PTY LTD T/A AMALGAMATED PAINTING SERVICE AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 MAY 2016

Application for approval of the Mapol Nominees Pty Ltd T/A Amalgamated Painting Service and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Mapol Nominees Pty Ltd T/A Amalgamated Painting Service 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 30 May 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement between Mapol Nominees Pty Ltd T/A Amalgamated Painting Service and the CFMEU for the period 2015 to 2019. The application was heard in the Fair Work Commission (FWC). The primary legal issue before the FWC was whether the terms of the proposed collective agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the coverage of the agreement and the bargaining process.

The FWC considered the evidence provided by both parties and determined that the agreement was fairly and appropriately negotiated, and that the terms were in line with the objectives of the Fair Work Act. The FWC found that the bargaining process was conducted in good faith and that the agreement was not disadvantageous to the employees. The Commission also found that the agreement met the coverage requirements of the Act, as it covered all relevant employees within the scope of the bargaining.

As a result, the FWC approved the collective agreement, and it became legally binding between Mapol Nominees Pty Ltd T/A Amalgamated Painting Service and the CFMEU for the specified period. The decision underscores the importance of ensuring that collective agreements are negotiated in good faith and that the terms are fair and meet the requirements of the Fair Work Act.

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