DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7417)

EASY PAINTING GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building services
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the Easy Painting Group 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 Easy Painting Group 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 19 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Easy Painting Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The application was heard in the Fair Work Commission. The nature of the dispute centred around whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the minimum safety net entitlements and whether the process by which the agreement was made adhered to the statutory requirements. Specifically, the Commission had to determine whether the agreement provided for terms and conditions that did not fall below the minimum rates of pay and entitlements set out in the relevant awards and whether the agreement was made in good faith and involved genuine bargaining. The Commission also had to consider the process of employee representation and whether the agreement was supported by a majority of the employees.

In its reasoning, the Commission examined the evidence provided regarding the bargaining process, the terms of the agreement, and the manner in which employee representation was secured. The Commission noted the submissions from both parties and considered the compliance of the agreement with the statutory requirements. The Commission found that the agreement met the criteria for approval as it did not undermine the minimum safety net and was made in accordance with the procedural requirements of the Act. The Commission concluded that the agreement was supported by a majority of the employees and was made in good faith.

As a result, the Fair Work Commission approved the enterprise agreement. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Easy Painting Group Pty Ltd and the union members for the specified period. The decision confirms the validity of the agreement and its compliance with the statutory framework.

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