DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6429)

MELBOURNE COMMERCIAL 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 Melbourne Commercial 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 Melbourne Commercial 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 involves an application for approval of the Melbourne Commercial Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The applicant, Melbourne Commercial Painting Pty Ltd, sought approval of the enterprise agreement from the Fair Work Commission, which was opposed by the Construction, Forestry, Mining and Energy Union (CFMEU). The matter was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009 (Cth) to resolve workplace disputes. The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement contained all the mandated terms and conditions, including minimum wages and conditions, and whether it complied with the procedural requirements for approval.

The Commission examined the content of the agreement to ensure it covered all mandated terms and conditions, such as minimum wages, hours of work, and leave entitlements. The agreement also had to comply with procedural requirements, including proper notification and consultation processes. The CFMEU argued that certain provisions of the agreement were not in line with the statutory minimum standards and that the consultation process was flawed. The Commission carefully reviewed the evidence and submissions from both parties, assessing whether the agreement met the legislative criteria for approval. Ultimately, the Commission found that the agreement contained all the required terms and conditions and that the procedural requirements had been substantially met, despite some minor shortcomings.

In conclusion, the Fair Work Commission approved the enterprise agreement between Melbourne Commercial Painting Pty Ltd and the CFMEU. The Commission determined that the agreement was in compliance with the Fair Work Act and its regulations, despite some minor procedural issues raised by the CFMEU. The decision highlights the importance of ensuring that enterprise agreements meet both substantive and procedural requirements to be validly approved by the Commission. The final orders included the approval of the enterprise agreement, with the specific terms and conditions outlined in the document to be binding on the parties from the effective date of the agreement.

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