DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4963)

THE TRUSTEE FOR SYDNEY RENDERERS AND PAINTERS TRUST T-AS SYDNEY RENDERERS AND PAINTERS / CFMEU COLLECTIVE AGREEMENT 2015-2017

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 21 SEPTEMBER 2015

Application for approval of The Trustee for Sydney Renderers and Painters Trust t-as Sydney Renderers and Painters / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Sydney Renderers and Painters Trust t-as Sydney Renderers and Painters / CFMEU Collective Agreement 2015-2017 (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 21 September 2015 and, in accordance with s.54, will operate from 28 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for approval of the CFMEU Collective Agreement 2015-2017 by the Trustee for Sydney Renderers and Painters Trust. The matter was heard in the Fair Work Commission. The dispute arose from disagreements between the union and the employer regarding the terms of the collective agreement, particularly concerning the classification and wages of certain employees.

The central legal issue was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it met the criteria for approval under the Act. This included assessing whether the agreement provided for fair and reasonable terms and conditions for employees and did not negatively impact the employer's operational capacity.

The court found that the agreement was made in good faith and met the statutory criteria for approval. The terms of the agreement were considered fair and reasonable, providing adequate protections and benefits for the employees while allowing the employer to maintain operational efficiency. The court's reasoning emphasised the importance of balancing the rights of both employers and employees in industrial relations. Consequently, the court approved the CFMEU Collective Agreement 2015-2017, allowing it to take effect.

No further orders were made by the court. The approval of the agreement means it will now be binding on the employer and the union, providing a framework for the terms and conditions of employment 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