DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2018/624)

CLASS ONE PAINTING SOLUTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2018

Application for approval of the Class One Painting Solutions Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Class One Painting Solutions Pty Ltd / CFMEU Collective Agreement 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 28 March 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval of the Class One Painting Solutions Pty Ltd / CFMEU Collective Agreement 2018, with the application being heard by the Fair Work Commission. The primary dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of its fairness and suitability for the workforce it covered. This included scrutiny over provisions related to wages, working conditions, and dispute resolution mechanisms.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval as set out in the Fair Work Act. The Commission needed to determine if the agreement was fair and suitable, taking into account the interests of the employees and the potential impact on the industry. It also needed to consider whether the agreement complied with minimum entitlements and whether it provided adequate protections and rights for the workers involved.

The Fair Work Commission found that the agreement largely met the necessary criteria for approval. It determined that the provisions regarding wages and conditions were fair and reasonable, and that the agreement provided appropriate protections for the employees. The Commission also concluded that the dispute resolution mechanisms were adequate. Consequently, the Commission approved the agreement, finding it to be suitable and fair for the workforce it covered.

The final orders of the Commission included the approval of the Class One Painting Solutions Pty Ltd / CFMEU Collective Agreement 2018, with the agreement to be registered and enforceable under the Fair Work Act. The Commission's decision provided clarity on the terms and conditions of employment for the workers covered by the agreement, thereby ensuring compliance with the statutory requirements for collective agreements.

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