DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6244)

ANJNEY BUILDING SERVICES PTY LTD T/A ABS PAINTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016 - 2018

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

Application for approval of the Anjney Building Services Pty Ltd T/A ABS 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 Anjney Building Services Pty Ltd T/A ABS 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 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFMEU) and Anjney Building Services Pty Ltd T/A ABS Painting (ABS) applied for the approval of their enterprise agreement. The dispute involved the terms and conditions of employment for workers in the painting and decorating industry within the state of Victoria. The CFMEU sought to negotiate a new enterprise agreement to replace the existing one, which was set to expire. The application for approval was necessary to ensure the new agreement was fair and compliant with the relevant industrial laws.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions of employment, and if it had been genuinely negotiated between the parties. The Commission also needed to consider if the agreement was consistent with the national minimum standards and if it allowed for proper dispute resolution mechanisms.

The Commission found that the proposed agreement met the requirements for approval. It considered the terms and conditions of employment to be fair and reasonable, noting that they had been negotiated in good faith by the parties. The agreement provided for appropriate dispute resolution mechanisms and was consistent with the national minimum standards. The Commission concluded that the proposed enterprise agreement would benefit the employees by providing them with improved working conditions and protections. The agreement was thus approved, setting the terms and conditions for employees in the painting and decorating industry in Victoria for the period 2016 to 2018.

The Commission ordered that the Anjney Building Services Pty Ltd T/A ABS Painting and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016 - 2018 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees of ABS who were party to the agreement. The Commission emphasised the importance of the agreement in providing fair and reasonable terms and conditions of employment for workers in the 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