DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/420)

A.F. SARRI PTY. LTD. T/A SARRI PAINTERS AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2016

Application for approval of the A.F. Sarri Pty. Ltd. T/A Sarri Painters and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the A.F. Sarri Pty. Ltd. T/A Sarri Painters 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. 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 2 March 2016 and, in accordance with s.54, will operate from 9 March 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

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the A.F. Sarri Pty. Ltd. T/A Sarri Painters and CFMEU Union Collective Agreement 2015-2019. The respondent, Sarri Painters, opposed the approval of the collective agreement. The dispute was heard in the Fair Work Commission.

The central legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it complied with the Fair Work (Registered Organisations) Act 2009. Specifically, the commission had to determine if the agreement was made in good faith and if it adhered to the principles of enterprise bargaining. The commission also needed to consider whether the agreement contained appropriate provisions for the protection of employees and if it facilitated a productive workplace.

The commission found that the agreement was made in good faith and adhered to the principles of enterprise bargaining. The commission noted that the agreement contained appropriate provisions for the protection of employees and facilitated a productive workplace. The commission also found that the agreement did not contain any provisions that would undermine the principles of the Fair Work Act 2009. As a result, the commission approved the collective agreement.

The Fair Work Commission approved the A.F. Sarri Pty. Ltd. T/A Sarri Painters and CFMEU Union Collective Agreement 2015-2019. The commission found that the agreement met the requirements of the Fair Work Act 2009 and complied with the Fair Work (Registered Organisations) Act 2009. The commission also found that the agreement contained appropriate provisions for the protection of employees and facilitated a productive workplace.

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