DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/698)

BELFORD PAINTING SERVICES PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2015-2016

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 MAY 2015

Application for approval of the Belford Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Belford Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2015-2016 (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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 7 May 2015 and, in accordance with s.54, will operate from 14 May 2015. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a collective agreement between Belford Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union (ACT). The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The union sought approval of the agreement to ensure it provided fair and reasonable terms for its members, while the employer argued that certain provisions in the agreement were overly restrictive and could potentially harm the business.

The central legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees and the employer. Specifically, the Commission had to assess if the provisions within the agreement, particularly those related to work conditions and hours, were fair and reasonable, and if they adhered to the principles of good faith bargaining and industrial fairness. The Commission also needed to determine whether the agreement provided a balance between protecting the rights of the employees and the operational needs of the employer.

In its decision, the Fair Work Commission examined the specific terms of the agreement and weighed the arguments presented by both parties. The Commission found that while some provisions in the agreement could be seen as restrictive, they were necessary to protect the health and safety of the employees and were in line with industry standards. The Commission concluded that the agreement was fair and reasonable and would not cause undue hardship to the employer. Therefore, the Commission approved the collective agreement, ensuring it met the legislative requirements and served the best interests of both the union members and the employer.

The Fair Work Commission approved the Belford Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2015-2016, confirming its compliance with the Fair Work Act and its alignment with the principles of industrial fairness.

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