DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/1123)

HUE INTERIORS PAINTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 16 MAY 2016

Application for approval of the Hue Interiors Painting Pty Ltd and CFMEU Union Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Hue Interiors Painting Pty Ltd and CFMEU Union Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 16 May 2016 and, in accordance with s.54, will operate from 23 May 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with Hue Interiors Painting Pty Ltd. The agreement was intended to cover the period from 2014 to 2018. The dispute revolved around the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as stipulated in the collective agreement.

The primary legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a "registered agreement" under the Act. Specifically, the Commission had to assess whether the agreement provided for proper procedures for resolving disputes, whether it was free from prohibited content, and if it had been made in good faith and without coercion.

The Commission found that the agreement was compliant with the statutory requirements. It was concluded that the agreement was made in good faith and without coercion, contained proper dispute resolution procedures, and was free from prohibited content. The Commission also noted that the agreement provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval was granted, and the collective agreement was registered.

The Fair Work Commission approved and registered the Hue Interiors Painting Pty Ltd and CFMEU Union Collective Agreement 2014-2018, effective from the date of the decision. This registration ensures that the terms and conditions set out in the agreement are legally binding on both parties for the specified period.

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