DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8358)

NEAT PAINTING GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

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

Application for approval of the Neat Painting Group Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Neat Painting Group 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of a collective agreement between Neat Painting Group Pty Ltd and the Construction, Forestry, Mining and Energy Union. The applicant, Neat Painting Group Pty Ltd, sought approval of the agreement to regulate employment terms and conditions for its employees. The union, the Construction, Forestry, Mining and Energy Union, argued that the agreement should be approved as it fairly reflected the bargaining positions of both parties and met the necessary standards for approval.

The central legal issues before the commission involved whether the collective agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the commission had to determine if the agreement was genuinely negotiated, if it met the better off overall test, and if it adhered to the provisions concerning employee rights and protections. The commission also needed to ensure that the agreement did not unfairly disadvantage any party and was in line with the principles of good faith bargaining.

In assessing the agreement, the commission examined the evidence and submissions from both parties. It considered the bargaining process, the content of the agreement, and its implications for the employees and employer. The commission found that the agreement was genuinely negotiated, met the better off overall test, and did not contain any provisions that would unfairly disadvantage employees or the employer. The commission concluded that the agreement reflected a fair and reasonable outcome for both parties and approved the collective agreement, thereby providing legal certainty for the employment terms and conditions outlined within it.

The final orders included the approval of the Neat Painting Group Pty Ltd / CFMEU Collective Agreement 2014-2017, effective from the date of the decision. The commission directed that the agreement be registered and provided that any disputes arising from the agreement would be dealt with in accordance with the Fair Work Act 2009. This decision provided clarity and legal effect to the terms of the collective agreement, ensuring that both parties could rely on its provisions going forward.

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