DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5744)

ROYAL PAINTING SERVICES PTY LTD (“COMPANY”) AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Royal Painting Services Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Royal Painting Services Pty Ltd (“Company”) and the CFMEU Building and Construction Industry Enterprise Agreement 2015 (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 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 30 October 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Royal Painting Services Pty Ltd (Company) and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The Company is a small enterprise, with less than fifteen employees, and the agreement in question is a single-employer agreement. The Company’s employees are currently represented by the CFMEU and the agreement aims to govern their employment conditions. The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was genuinely negotiated, covered the necessary employees, and complied with the requirements for a single-employer agreement.

The Commission examined the process by which the agreement was negotiated and concluded that it was genuinely negotiated between the Company and the CFMEU. The Commission found that the CFMEU had the authority to represent the employees, and the negotiation process was transparent and involved meaningful consultation. The agreement covered all the employees of the Company and included provisions that complied with the Fair Work Act. The Commission also considered the content of the agreement and found that it provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement met all the statutory requirements for approval.

In light of the findings, the Commission approved the agreement. The Commission determined that the agreement was genuinely negotiated, covered all the necessary employees, and complied with the requirements for a single-employer agreement. The Commission considered the agreement to be in the interests of the employees and the Company. The approval of the agreement was necessary to ensure that the employees of the Company had fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Royal Painting Services Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2015. This decision provides clarity for small enterprises and their employees regarding the approval process for enterprise agreements and ensures that the terms and conditions of employment are fair and reasonable.

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