DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6607)

PPS TRUST (THE TRUSTEE FOR) T/AS WOW PAINTING & RENOVATING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the PPS Trust (The Trustee For) T/As WOW Painting & Renovating Services 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 PPS Trust (The Trustee For) T/As WOW Painting & Renovating Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union, along with the PPS Trust trading as WOW Painting & Renovating Services, applied for the approval of their enterprise agreement. The dispute centred around the terms and conditions of employment within the painting and renovating services industry, specifically addressing issues such as wages, working hours, and employee entitlements. The Commission was tasked with assessing whether the agreement complied with the relevant legislative framework and whether it met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved determining if the agreement provided for the safety of employees, included terms that were fair and reasonable, and did not unfairly discriminate against any group of employees. The Commission also needed to assess whether the agreement facilitated the efficient operation of businesses and contributed to productivity improvements.

In delivering its decision, the Commission examined the provisions of the agreement and considered submissions from both parties. The Commission found that the agreement contained terms that were fair and reasonable and did not unfairly discriminate against any group of employees. It also concluded that the agreement provided for the safety of employees and facilitated the efficient operation of businesses. Given these findings, the Commission approved the enterprise agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission included the approval of the enterprise agreement with specific conditions and modifications. These modifications were aimed at ensuring the agreement fully complied with the Fair Work Act 2009 and addressed any potential issues identified during the review process. The approved agreement would now govern the employment terms and conditions between the PPS Trust trading as WOW Painting & Renovating Services and its employees represented by the Construction, Forestry, Mining and Energy Union.

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