DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3410)

LEVENT’S HOME PAINTING & SIGNWRITING SERVICES PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2015-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 AUGUST 2015

Application for approval of the Levent’s Home Painting & Signwriting Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Levent’s Home Painting & Signwriting Services Pty Ltd and CFMEU (WA) Enterprise 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] 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 5 August 2015 and, in accordance with s.54, will operate from 12 August 2015. The nominal expiry date of the Agreement is
30 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Construction, Forestry, Mining and Energy Union, the Fair Work Commission considered an application for the approval of an enterprise agreement. The agreement in question was the Levent’s Home Painting & Signwriting Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017. The dispute arose due to the complexities involved in ensuring that the terms of the agreement complied with the Fair Work Act 2009, particularly concerning the fairness of the terms and the procedures followed in the negotiation and execution of the agreement.

The central legal issues before the Commission involved whether the agreement was fairly negotiated and if the terms were fair and reasonable under the Act. The Commission had to evaluate the evidence presented regarding the negotiation process and scrutinise the terms of the agreement to ensure they were not contrary to public policy or unfair in nature. The fairness of the agreement was assessed in light of the specific industry context and the bargaining positions of the parties involved.

In reaching its decision, the Commission examined the evidence provided by both the applicant and the respondent. It assessed the fairness of the agreement based on the comprehensiveness of the negotiation process and the reasonableness of the terms. The Commission determined that the agreement was fairly negotiated and that the terms were fair and reasonable, thereby satisfying the requirements of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as stipulated.

The final orders included the approval of the Levent’s Home Painting & Signwriting Services Pty Ltd and CFMEU (WA) Enterprise Agreement 2015-2017, effective from the date of the Commission's decision. The approval was contingent upon compliance with the terms of the agreement and the continued adherence to the provisions of the Fair Work Act.

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