Construction, Forestry, Mining and Energy Union

[2013] FWCA 2229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/829)

PAINTSCAPE PAINTERS & DECORATORS PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 15 APRIL 2013

Application for approval of the Paintscape Painters & Decorators Pty Ltd/CFMEU Collective Agreement 2012-2014 .

[1] An application has been made for approval of an enterprise agreement known as the Paintscape Painters & Decorators Pty Ltd/CFMEU Collective Agreement 2012-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 22 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) made an application for the approval of a collective agreement between the Paintscape Painters & Decorators Pty Ltd and the CFMEU. The dispute involved the terms and conditions outlined in the collective agreement, particularly regarding the classification of employees and the associated pay rates. The Commission was tasked with determining whether the agreement was fair and reasonable, in line with the criteria set forth in the Fair Work Act.

The legal issues central to this case centred on the fairness and reasonableness of the terms and conditions within the collective agreement. Specifically, the Commission had to assess whether the classification of employees and the corresponding pay rates were fair and reasonable, and whether the agreement met the requirements of the Fair Work Act. This included scrutinising the bargaining process, the terms of the agreement, and the impact of these terms on the employees and the employer.

In its decision, the Fair Work Commission found that the collective agreement was fair and reasonable. The Commission concluded that the classification of employees and the pay rates were appropriate, taking into account the specific circumstances of the industry and the bargaining process. The Commission determined that the agreement did not disadvantage any party and was in compliance with the requirements of the Fair Work Act. Consequently, the Commission approved the collective agreement.

The final orders of the Commission were to approve the collective agreement between Paintscape Painters & Decorators Pty Ltd and the CFMEU, effective from the specified dates. This approval was contingent on the continued adherence to the terms and conditions as outlined in the agreement, ensuring that all parties remained bound by the legally recognised terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established