DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union-Construction and General Division
(AG2015/603)

PAINTECH PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 31 MARCH 2015

Application for approval of the Paintech Pty Ltd/CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Paintech Pty Ltd/CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 7 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union-Construction and General Division sought approval for the Paintech Pty Ltd/CFMEU Collective Agreement 2015-2017. The dispute arose from the terms and conditions outlined in the collective agreement, which aimed to govern the employment relationship between Paintech Pty Ltd and the union. The case was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the legal standards for approval.

The primary legal issues before the Commission included whether the agreement complied with the requirements set out in the Fair Work Act 2009, particularly in relation to the provisions on minimum terms and conditions, and whether the agreement facilitated or hindered the operation of the enterprise. Additionally, the Commission needed to assess if the agreement was made in good faith and if it adhered to the principles of genuine collective bargaining.

The Fair Work Commission examined the contents of the collective agreement, taking into account the statutory framework and the principles of industrial relations law. The Commission found that the agreement satisfied the necessary legal standards for approval. It contained all the minimum terms and conditions prescribed by the Fair Work Act, and did not unfairly disadvantage any party. Furthermore, the Commission concluded that the agreement was made in good faith and reflected the outcome of genuine collective bargaining. As a result, the Commission approved the Paintech Pty Ltd/CFMEU Collective Agreement 2015-2017.

The final orders of the Fair Work Commission were that the collective agreement in question was approved and registered under the Fair Work Act 2009. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between Paintech Pty Ltd and the Construction, Forestry, Mining and Energy Union-Construction and General Division for the specified period.

Construction, Forestry, Mining and Energy Union-Construction and General Division

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established