DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/7043)

LEISURETEX PAINTING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 DECEMBER 2015

Application for approval of the Leisuretex Painting Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Leisuretex Painting Pty Ltd 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] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 December 2015 and, in accordance with s.54, will operate from 31 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied for approval of the Leisuretex Painting Pty Ltd and CFMEU Union Collective Agreement 2015-2019, which covered the employees of Leisuretex Painting Pty Ltd. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement contained terms that complied with the requirements of the Act, including provisions on minimum wages and conditions, and whether it provided for genuine bargaining between the parties. The CFMEU argued that the agreement was the product of genuine bargaining and was consistent with the principles of the Act. Conversely, Leisuretex Painting Pty Ltd contended that the agreement contained terms that were not in line with the Act and that it had not been genuinely bargained.

In delivering its decision, the FWC found that the agreement contained terms that were not consistent with the Fair Work Act 2009, particularly in relation to penalty rates. The FWC determined that the agreement did not provide for genuine bargaining as required by the Act. As a result, the application for approval was dismissed. The FWC concluded that the agreement could not be approved as it did not meet the legislative criteria and did not reflect the outcome of genuine bargaining between the parties. The FWC did not make any orders as the application for approval was dismissed.

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