Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 4367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6524)

PPS PROPERTY SERVICES PTY LTD T/AS WOW PAINTING AND RENOVATING SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 JULY 2014

Application for approval of the PPS Property Services Pty Ltd T/As Wow Painting and Renovating Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the PPS Property Services Pty Ltd T/As Wow Painting and Renovating Services and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 9 July 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of the PPS Property Services Pty Ltd trading as Wow Painting and Renovating Services and the Construction, Forestry, Mining and Energy Union Building and Construction Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, an Australian workplace relations tribunal. The central issue before the tribunal was whether the proposed enterprise agreement should be approved, considering the implications for the employees of PPS Property Services and the compliance of the agreement with the Fair Work Act 2009.

The tribunal needed to determine if the agreement met the requirements for being a "better off overall test" (BOOT) and if it complied with the relevant provisions of the Fair Work Act. Additionally, the court had to examine if the agreement was made in good faith and whether it contained any unfair terms. The tribunal had to weigh the benefits and drawbacks of the agreement for the employees and consider the fairness and reasonableness of the terms.

In its decision, the tribunal found that the proposed agreement was fair and reasonable and met the BOOT. The tribunal acknowledged the union's efforts to negotiate a fair agreement and concluded that the agreement provided employees with improved conditions and benefits. The tribunal determined that the agreement complied with the relevant provisions of the Fair Work Act and did not contain any unfair terms. Consequently, the tribunal approved the enterprise agreement, allowing it to take effect from the specified date. The tribunal's decision aimed to balance the interests of the employees, the employer, and the broader objectives of the Fair Work Act.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established