Construction, Forestry, Mining and Energy Union

[2013] FWCA 6250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2450)

ALLSAFE COATINGS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 29 AUGUST 2013

Application for approval of the Allsafe Coatings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Allsafe Coatings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2013 (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).

[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 CFMEU, being the 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 5 September 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Allsafe Coatings Pty Ltd and Construction, Forestry, Mining and Energy Union - First Generation Painters Division Enterprise Agreement 2013. The application was brought by the union, which sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for registration and approval by the Commission.

The primary legal issues the Commission had to address were whether the agreement had been genuinely negotiated between the parties and whether it contained the necessary provisions to be considered a lawful enterprise agreement. The Commission also had to determine if the agreement complied with the Fair Work Act's requirements regarding minimum entitlements and if it adhered to the appropriate procedural standards. Another issue was whether the agreement adequately provided for the resolution of future disputes between the parties.

In examining the application, the Commission considered the evidence and submissions provided by both parties. The Commission found that the agreement had been genuinely negotiated and contained all the necessary provisions for registration. It was determined that the agreement complied with the statutory requirements and provided for the protection of employees' minimum entitlements. Furthermore, the Commission was satisfied that the agreement followed the correct procedural standards and contained appropriate mechanisms for resolving future disputes. As a result, the Commission approved the enterprise agreement, finding it to be in compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established