DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/10176)

CLASS ONE PAINTING SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 DECEMBER 2014

Application for approval of the Class One Painting Solutions Pty Ltd/CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Class One Painting Solutions 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 matter involved an application for the approval of a collective agreement between Painting Solutions Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The Fair Work Commission (FWC) was tasked with assessing whether the agreement complied with the Fair Work Act 2009. The CFMEU sought approval of the agreement which contained provisions related to enterprise-specific matters, including wages, working conditions, and other employment terms for employees within the painting industry.

The legal issues before the FWC encompassed whether the agreement was made in good faith and whether it adhered to the requirements set forth by the Fair Work Act. Specifically, the Commission had to consider if the agreement fairly represented the interests of the employees and if it was consistent with the broader objectives of the Act, such as promoting harmonious, productive, and cooperative workplace relations.

The FWC found that the agreement was made in good faith and satisfied the necessary requirements under the Act. The Commission highlighted that the agreement was a product of genuine negotiations between the parties, and that it appropriately balanced the interests of both employers and employees. Furthermore, the FWC noted that the provisions within the agreement were consistent with the broader objectives of the Fair Work Act. Consequently, the FWC approved the collective agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Painting Solutions Pty Ltd/CFMEU Collective Agreement 2014-2017, recognising its compliance with the Fair Work Act. The decision underscores the importance of ensuring that collective agreements are the result of genuine negotiations and appropriately balance the interests of both parties, in line with the principles of the 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