DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8234)

PAINTSCAPE PAINTERS & DECORATORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 DECEMBER 2014

Application for approval of the Paintscape Painters & Decorators Pty Ltd / CFMEU Collective Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Paintscape Painters & Decorators 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

In the matter of an application for approval of a collective agreement under section 235 of the Fair Work Act 2009, the Construction, Forestry, Mining and Energy Union (CFME) sought approval of a collective agreement with Paintscape Painters & Decorators Pty Ltd for the period 2014 to 2017. The applicant, the CFMEU, is a registered trade union, and the respondent, Paintscape, is a company engaged in the painting and decorating industry. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in relation to its provisions on employment conditions, including pay rates and working hours.

The central legal issue before the court was whether the collective agreement complied with the statutory criteria for approval. This involved assessing whether the agreement contained terms that were not contrary to public policy or industrial law, whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. The court had to examine the specific terms of the agreement to determine if they adhered to these legal standards.

The Fair Work Commission, in granting the approval, found that the agreement was fair and reasonable and did not contravene any public policy or industrial law. The Commission considered the provisions concerning pay rates, working hours, and other employment conditions, concluding that they were consistent with the principles of good faith bargaining and fair terms. The Commission emphasised the importance of maintaining a balance between the rights of employers and employees, ensuring that the agreement did not overly favour one party. The approval was granted on the basis that the agreement met all the statutory requirements for fairness and reasonableness.

The Fair Work Commission approved the collective agreement, confirming its compliance with the legislative standards set out in the Fair Work Act. The decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable, providing a framework for the employment relationship between the union and the employer.

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