DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6418)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 OCTOBER 2016

Application for approval of the James Ryan Painting 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 James Ryan Painting 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 27 October 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 the Construction, Forestry, Mining and Energy Union (CFMEU) and James Ryan Painting Pty Ltd, with the dispute concerning the approval of an enterprise agreement. The Fair Work Commission was the court in this matter. The primary issue before the Commission was whether the enterprise agreement proposed by the parties complied with the provisions of the Fair Work Act 2009. This included assessing whether the agreement appropriately balanced the interests of employees and employers, and if it adhered to the relevant statutory requirements and principles.

The Commission examined several aspects of the proposed agreement, such as the terms relating to employment conditions, wages, and other benefits for employees. The CFMEU argued that the agreement was fair and balanced, while James Ryan Painting Pty Ltd contended that certain provisions were not consistent with the objectives of the Fair Work Act. The Commission had to determine if the agreement met the criteria for approval, including whether it provided for the protection of employee interests and maintained a fair balance between the rights of employees and employers.

In its decision, the Commission determined that the proposed agreement did not meet the criteria for approval. The Commission found that certain provisions of the agreement did not adequately protect the interests of employees and did not strike an appropriate balance between the rights of employees and employers. Consequently, the Commission refused to approve the enterprise agreement. The Commission emphasised the importance of ensuring that enterprise agreements comply with the Fair Work Act and adequately protect the interests of employees.

The Fair Work Commission's decision was final and binding, and the enterprise agreement was not approved. The Commission's reasoning was based on the statutory requirements and principles outlined in the Fair Work Act, and its decision provided guidance on the expectations for future enterprise agreements in the construction industry.

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