DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5568)

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

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 23 SEPTEMBER 2015

Application for approval of the JSR PERFORMANCE PAINTING 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 JSR PERFORMANCE PAINTING 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 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 23 September 2015 and, in accordance with s.54, will operate from 30 September 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 case involved an application for approval of the JSR Performance Painting Pty Ltd and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2015. The matter was heard in the Fair Work Commission. The crux of the dispute was whether the application for approval of the enterprise agreement met the requirements of the Fair Work Act 2009. The specific legal issues revolved around whether the agreement was in the interests of employees and employers and whether it was made in good faith. The Commission examined the process by which the agreement was negotiated and whether it complied with the relevant legislative provisions.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. The Commission found that the agreement was negotiated in good faith and met the requirements of the Act. The Commission was satisfied that the agreement was in the interests of both the employees and employers, and it considered the agreement to be fair and reasonable. The Commission also noted that the agreement had been put to a vote of the employees and had been approved by a significant majority. Based on this analysis, the Commission concluded that the application for approval of the enterprise agreement should be granted.

The Fair Work Commission approved the application for the enterprise agreement. The Commission found that the agreement was made in good faith and was in the interests of both the employees and employers. The Commission also found that the agreement met all the requirements of the Act. The Commission approved the agreement, which will now be binding on the parties. The approval of the agreement is a significant outcome for both the employees and employers, as it provides a framework for their working relationship and ensures that they are both protected under the agreement.

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