Construction, Forestry, Mining and Energy Union

[2013] FWCA 1802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5671)

PAINT DECOR PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MARCH 2013

Application for approval of the Paint Decor Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Paint Decor Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (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). 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 CFMEU 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, will operate from 29 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of a proposed enterprise agreement with Paint Decor Pty Ltd. The dispute involved the terms of the proposed agreement, which was to cover employees of Paint Decor. The FWC was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the proposed agreement provided for a fair and reasonable method of determining employees' wages and conditions; if it contained the necessary minimum terms as specified in the Act; and if it had been genuinely agreed to by the parties. The CFMEU argued that the agreement was fair and reasonable, and that it contained all the minimum terms. Paint Decor did not oppose the application but raised concerns about certain provisions.

The FWC considered the evidence and submissions from both parties. It found that the agreement provided for a fair and reasonable method of determining wages and conditions, and that it included all the required minimum terms. The FWC also concluded that the agreement had been genuinely agreed to by the parties. The FWC approved the enterprise agreement, noting that it provided for adequate protections for employees while allowing flexibility for the employer.

The FWC's decision was that the Paint Decor Pty Ltd and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 was approved and registered. The agreement was to be in effect from the date of registration, providing a framework for the terms and conditions of employment for the employees of Paint Decor.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established