DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/10261)

PAINT CORP INDUSTRIES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 13 JANUARY 2015

Application for approval of the Paint Corp Industries Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Paint Corp Industries Pty Ltd / CFMEU Collective Agreement 2014-2017 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union applied for approval of a collective agreement entered into with Paint Corporation Industries Pty Ltd. The application was brought before the Fair Work Commission. The dispute involved the terms of the collective agreement, particularly concerning the classification of employees and the processes for resolving disputes. The central issue was whether the agreement complied with the relevant industrial laws and if it appropriately protected the employees' rights.

The court examined the agreement to determine if it adhered to the Fair Work Act 2009 and associated regulations. It considered whether the classification of employees and the dispute resolution processes were fair and reasonable. The court also assessed whether the agreement provided adequate protection for employees' rights and interests. The decision hinged on interpreting the legal provisions and applying them to the specific terms of the agreement.

After thorough analysis, the Fair Work Commission found that the collective agreement was compliant with the relevant industrial laws. The classification of employees and the dispute resolution mechanisms were deemed fair and reasonable. The agreement was approved as it provided adequate protection for the employees' rights and interests. The court concluded that the agreement met all legal requirements and did not disadvantage the employees. The application was subsequently approved.

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