DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/6184)

ADRIATIC PAINTING PTY LTD AND THE CFMEU (VICTORIA) ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Adriatic Painting Pty Ltd and the CFMEU (Victoria) Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Adriatic Painting Pty Ltd and the CFMEU (Victoria) 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 (105N). 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 17 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 matter before the Fair Work Commission involved an application for the approval of the Adriatic Painting Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victoria) Enterprise Agreement 2016-2018. The applicant union, CFMEU, sought the agreement's endorsement to ensure it met the legal standards set out in the Fair Work Act 2009. The applicant employer, Adriatic Painting Pty Ltd, agreed to the terms and conditions of the agreement. The dispute centred on whether the agreement complied with the statutory requirements of the Act, particularly regarding the coverage of the agreement, the manner in which it was made, and the protections it afforded to the employees.

The central legal issues before the court were whether the agreement was genuinely an enterprise agreement and whether it was made in accordance with the processes outlined in the Fair Work Act. The court had to determine if the agreement was made freely and fairly, if it covered the appropriate bargaining unit, and if it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the court examined whether the agreement provided adequate protections for employees, including provisions for minimum wages, penalty rates, and other employment conditions.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including witness testimonies and documentation related to the negotiation and execution of the agreement. The court found that the agreement was indeed a genuine enterprise agreement, as it was made in accordance with the prescribed processes and covered the appropriate bargaining unit. The court also confirmed that the agreement contained the necessary minimum terms and conditions as required by the Fair Work Act and provided adequate protections for the employees involved. Based on these findings, the court approved the Adriatic Painting Pty Ltd and the CFMEU (Victoria) Enterprise Agreement 2016-2018, affirming its compliance with the legal standards set out in the Act.

As a result of the court's decision, the agreement was approved and registered, effective from the date of the decision. This approval ensured that the terms and conditions outlined in the agreement would be legally binding on both the employer and the employees, providing a framework for their industrial relationship during the specified period.

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