DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3726)

OPT 4 US PAINTING & MAINTENANCE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 11 SEPTEMBER 2017

Application for approval of the Opt 4 Us Painting & Maintenance Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Opt 4 Us Painting & Maintenance Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 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 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 of the Act, will operate from 18 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and Opt 4 Us Painting & Maintenance Services Pty Ltd, which were seeking approval of their Enterprise Agreement 2016-2018. The dispute was lodged with the Fair Work Commission, which is the body responsible for approving enterprise agreements. The CFMEU argued that the proposed agreement was necessary to protect its members' rights and interests, while Opt 4 Us Painting & Maintenance Services Pty Ltd maintained that the agreement was fair and reasonable.

The primary legal issues the court had to decide were whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009. The court had to determine whether the agreement provided adequate protection for employees' rights and interests, whether it contained any unfair provisions, and whether it complied with the requirements of the Act. The court also had to consider whether the agreement was negotiated in good faith and whether it was fair and reasonable.

After reviewing the evidence and arguments presented by both parties, the court found that the Enterprise Agreement 2016-2018 was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009. The court noted that the agreement provided adequate protection for employees' rights and interests, contained no unfair provisions, and was negotiated in good faith. The court also found that the agreement was fair and reasonable, and approved it accordingly. The court's decision was based on a careful consideration of the evidence and arguments presented by both parties, and a thorough analysis of the relevant legal provisions.

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