Construction, Forestry, Mining and Energy Union Summary

[2014] FWCA 1809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/3958)

INTEGRA PAINTING SERVICES PTY LTD AND THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION COLLECTIVE AGREEMENT (ACT) 2014-2016

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 18 MARCH 2014

Application for approval of the Integra Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Integra Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry, Mining and Energy Union. 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, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. 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 25 March 2014. The nominal expiry date of the Agreement is 31 March 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Integra Painting Services Pty Ltd and the Construction Forestry Mining and Energy Union Collective Agreement (ACT) 2014-2016. The application was heard by the Fair Work Commission (FWC) in Australia. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the agreement, which was intended to govern the employment terms and conditions between Integra Painting Services Pty Ltd and its employees.

The legal issues before the FWC involved determining whether the collective agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions for the employees. The FWC had to assess if the agreement contained all the required provisions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The union argued that the agreement was fair and reasonable, while Integra Painting Services Pty Ltd raised concerns about specific clauses.

In reaching its decision, the FWC examined the collective agreement clause by clause, ensuring that it complied with the statutory minimum standards and provided for fair and reasonable terms. The FWC found that while most of the agreement met the necessary requirements, some clauses needed modification to ensure fairness and reasonableness. The union and the employer were given an opportunity to negotiate changes to the contentious clauses. Ultimately, the FWC approved the agreement with modifications, ensuring it met the necessary standards and provided fair terms for the employees.

The FWC's final orders included the approval of the collective agreement with the specified modifications. The agreement was to be implemented from the date of the decision, and both parties were required to comply with the terms as approved by the FWC. This decision ensured that the employment conditions for the employees of Integra Painting Services Pty Ltd were fair, reasonable, and in line with the statutory requirements.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established