Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 3628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/6682)

INTEGRA PAINTING SERVICES PTY LTD / CFMEU GREENFIELDS AGREEMENT (ACT) 2013

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 5 JUNE 2013

Application for approval of the Integra Painting Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013.

[1] An application has been made under s.185(1A) of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Integra Painting Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013 (the Agreement).

[2] The Agreement was made by the employer, Integra Painting Services Pty Ltd, and the Construction, Forestry, Mining and Energy Union (the Union).

[3] I am satisfied that each of the requirements of sections 186 and 187 of the Act as are relevant to this application for approval have been met.

[4] I am also satisfied for the purposes of s.187(5) of the Act that the Union, the employee organisation to be covered by the Agreement, is entitled to represent the industrial interests of a majority of the employees to be covered by the Agreement, and that it is in the public interest to approve the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2013. The nominal expiry date of the Agreement is 1 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of the Integra Painting Services Pty Ltd / CFMEU Greenfields Agreement (ACT) 2013. The Construction, Forestry, Mining and Energy Union sought to have the agreement approved under the Fair Work Act 2009. The agreement aimed to regulate the terms and conditions of employment for employees of Integra Painting Services Pty Ltd, a company in the painting and decorating industry.

The primary legal issue the court had to address was whether the agreement met the statutory criteria for approval under section 231 of the Fair Work Act. The court needed to determine if the agreement was a "registered agreement" as defined by the Act, which requires the agreement to be in writing, to cover a particular group of employees, and to provide for the terms and conditions of employment, among other criteria. The court also needed to consider whether the agreement was made in good faith and whether it provided for the resolution of disputes.

The court concluded that the agreement met all the statutory requirements for approval. The agreement was in writing, covered a specific group of employees, and provided for their terms and conditions of employment. The court found that the agreement was made in good faith and contained provisions for the resolution of disputes. Consequently, the court approved the agreement under section 233 of the Fair Work Act, making it a registered agreement. The court's decision was based on a detailed examination of the agreement and the evidence presented by both parties.

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