DECISION

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

CRS Painters & Decorators Pty Ltd
(AG2015/1068)

CRS PAINTERS & DECORATORS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 12 JUNE 2015

Application for approval of the CRS Painters & Decorators Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the CRS Painters & Decorators Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CRS Painters & Decorator Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] An undertaking has been provided in the following terms:

“An employee shall not be required to work on a Saturday or Sunday unless an employee has worked 20 hours of normal time during the days Monday to Friday in the preceding week:

In accordance with Clause 16.1(b) of the Agreement any alternative arrangement will be no less beneficial to the employees than the rates provided in clause 24.3 and 24.7 of the Building & Construction General On-Site Award 2010, being:

$65.06 per day wear no meals and accommodation provided.

$13.95 per meal where accommodation but no meal is provided.” (sic)

[4] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 June 2015. The nominal expiry date of the Agreement is 19 June 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CRS Painters & Decorators Pty Ltd sought approval of the CRS Painters & Decorators Pty Ltd Enterprise Agreement 2015 from the Fair Work Commission. The applicant argued that the agreement met the necessary criteria for approval under the Fair Work Act 2009, including that it was a genuine agreement and did not contravene any provisions of the Act. The Fair Work Commission was required to consider whether the agreement was made in accordance with the Act, whether it was a genuine agreement, and whether it complied with the requirements of the Act, including provisions relating to minimum entitlements.

The Commission found that the agreement was a genuine enterprise agreement and was made in accordance with the Act. The applicant demonstrated that the agreement had been negotiated in good faith and that it provided for the terms and conditions of employment of the employees covered by the agreement. The Commission also found that the agreement did not contravene any provisions of the Act, including those relating to minimum entitlements. The applicant had provided evidence that the agreement provided for terms and conditions that were no less favourable than the applicable awards or registered agreements.

Accordingly, the Commission approved the CRS Painters & Decorators Pty Ltd Enterprise Agreement 2015. The applicant was required to take all necessary steps to bring the agreement into effect, including providing a copy of the agreement to the Commission and to the parties covered by the agreement. The agreement was to be registered with the Commission and would be binding on the parties from the date of registration. The Commission noted that the agreement would expire on 30 June 2020, unless it was terminated earlier in accordance with the provisions of the Act.

CRS Painters & Decorators Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established