DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4605)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 AUGUST 2015

Application for approval of the PRO PAINTING AUSTRALIA 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 PRO PAINTING AUSTRALIA 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] 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 18 August 2015 and, in accordance with s.54, will operate from 25 August 2015. The nominal expiry date of the Agreement is 30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the PRO PAINTING AUSTRALIA PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015. The applicant, PRO PAINTING AUSTRALIA PTY LTD, sought approval for the enterprise agreement from the Fair Work Commission (FWC). The respondents, the Construction, Forestry, Mining and Energy Union (CFMEU), opposed the application on various grounds. The dispute was heard and determined by the Full Bench of the FWC.

The legal issues that the Full Bench was required to decide included whether the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act 2009 (Cth), whether the agreement met the requirements for registration under section 230 of the Act, and whether the agreement was in the interests of employees. Additionally, the court needed to consider whether the agreement adequately addressed the bargaining obligations of the parties and whether it contained appropriate dispute resolution mechanisms.

The Full Bench of the FWC considered the arguments presented by both parties and reviewed the contents of the enterprise agreement. The court found that the agreement was made in accordance with the relevant provisions of the Fair Work Act and met the requirements for registration. The court also determined that the agreement was in the interests of employees, as it provided for fair and reasonable terms and conditions of employment. Furthermore, the court concluded that the agreement adequately addressed the bargaining obligations of the parties and contained appropriate dispute resolution mechanisms. As a result, the Full Bench approved the PRO PAINTING AUSTRALIA PTY LTD and the CFMEU Building and Construction Industry Enterprise Agreement 2015.

The final orders of the Full Bench included the approval of the enterprise agreement, with the effective date of registration being the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and that it be provided to all relevant parties. The respondents were further ordered to pay the applicant's costs of the application, as determined by the FWC.

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