DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10236)

LEVENT’S HOME PAINTING AND SIGNWRITING SERVICES PTY LTD AND CFMEU (WA) (OLD TREASURY BUILDING) GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JANUARY 2015

Application for approval of the Levent’s Home Painting and Signwriting Services Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Levent’s Home Painting and Signwriting Services Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Levent’s Home Painting and Signwriting Services Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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

[5] Based on statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[6] The Agreement is approved and, in accordance with s.54, will operate from
22 January 2015. The nominal expiry date of the Agreement is 31 October 2015.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Levent’s Home Painting and Signwriting Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (WA). The union sought to have the agreement registered as a lawful enterprise agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the agreement, as well as the processes followed in its negotiation and conclusion.

The primary legal issues the court had to address were whether the agreement was genuinely negotiated and whether it met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, contained appropriate bargaining processes, and if it complied with the statutory minimum entitlements. The court also considered the submissions from both parties regarding the fairness and reasonableness of the agreement's terms.

The Fair Work Commission, after reviewing the evidence and submissions, concluded that the agreement was genuinely negotiated and met the statutory requirements for approval. The Commission found that the bargaining processes were fair and that the agreement contained appropriate terms for the industry. The court was satisfied that the agreement did not unfairly disadvantage any party and complied with the minimum standards set out by the Fair Work Act. Consequently, the Commission approved the Levent’s Home Painting and Signwriting Services Pty Ltd and CFMEU (WA) (Old Treasury Building) Greenfields Agreement 2014 as a lawful enterprise agreement.

The final orders included the approval of the enterprise agreement, allowing it to take effect from the specified date. The Commission also noted that ongoing compliance with the agreement and the Fair Work Act would be necessary, and that any disputes arising from the agreement would be subject to further adjudication if required.

Construction, Forestry, Mining and Energy Union

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established