DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/8299)

MORRIS C PAINTING - BUILDING NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2014 - 2017

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

Application for approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Morris C Painting - Building NSW 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 case involves the Construction, Forestry, Mining and Energy Union (CFMEU) and Morris C Painting - Building NSW Pty Ltd, which is seeking approval of a collective agreement for the period 2014-2017. The dispute was heard by the Fair Work Commission. The primary issue before the court was whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The court needed to assess if the agreement was appropriately negotiated, if it met the criteria for being a "better off overall test" and whether it provided adequate protections for the workers.

The Fair Work Commission examined the negotiation process and the contents of the agreement, ensuring it was made in good faith and covered all necessary terms. The court also considered if the agreement provided fair and reasonable terms for the employees, including pay, conditions, and dispute resolution mechanisms. Furthermore, the court evaluated whether the agreement was in the best interests of the employees and if it met the statutory requirements for approval. Ultimately, the court found that the agreement was appropriately negotiated and met the statutory requirements for approval. The agreement was deemed to be in the best interests of the employees, providing fair and reasonable terms.

The Fair Work Commission approved the collective agreement, finding that it complied with the Fair Work Act 2009 and was in the best interests of the employees. The court was satisfied that the agreement was appropriately negotiated, met the criteria for being a "better off overall test" and provided adequate protections for the workers. The court's decision was based on the evidence presented and the assessment of the agreement's contents and negotiation process. The approval of the collective agreement was granted, ensuring that the terms and conditions of employment for the workers were adequately protected.

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