DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7445)

AP & MJ SUTAS PTY LTD T/AS SUTAS PAINTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 DECEMBER 2016

Application for approval of the AP & MJ Sutas Pty Ltd T/As Sutas Painting 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 AP & MJ Sutas Pty Ltd T/As Sutas Painting 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 AP & MJ Sutas Pty Ltd trading as Sutas Painting and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The matter was heard by the Fair Work Commission, the tribunal responsible for overseeing industrial relations matters in Australia. The union sought to have the agreement, which covered a range of terms and conditions for employees in the painting industry, formally approved.

The legal issues before the Commission centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it complied with the provisions concerning minimum entitlements, such as minimum wages, penalty rates, and leave entitlements. The Commission also needed to assess if the agreement adhered to the requirements for genuine bargaining and if it provided for the appropriate processes for resolving disputes.

In reaching its decision, the Commission carefully reviewed the bargaining process and the terms of the agreement. It found that the agreement was the product of genuine and meaningful bargaining between the parties. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum entitlements. The union had demonstrated that it had properly represented the employees and that the agreement was in their best interests. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the AP & MJ Sutas Pty Ltd T/As Sutas Painting and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The approval was based on the finding that the agreement was made in good faith, complied with the Fair Work Act 2009, and provided for fair and reasonable terms and conditions of employment. The decision confirmed the validity of the enterprise agreement, allowing it to be formally registered and enforced.

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