Golden Coating Painting Services Pty Ltd Summary

[2013] FWCA 3377

FAIR WORK COMMISSION

DECISION

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

Golden Coating Painting Services Pty Ltd
(AG2013/1249)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN GOLDEN COATING PAINTING SERVICES P/L AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 29 MAY 2013

Application for approval of the FTAA Enterprise Agreement 2011-2015 between Golden Coating Painting Services P/L and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between Golden Coating Painting Services P/L and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Coating Painting Services Pty Ltd. 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, will operate from 5 June 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Golden Coating Painting Services Pty Ltd, the applicant sought approval of the Fair Trading and Agriculture Enterprise Agreement 2011-2015 between Golden Coating Painting Services and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed agreement complied with the legal requirements set out in the Act, particularly the provisions concerning the fair and reasonable terms of employment.

The legal issues central to the case involved ensuring that the proposed enterprise agreement met the statutory criteria for approval. This included verifying that the agreement was not detrimental to the employees, that it was made in good faith, and that it provided for the terms and conditions of employment. Furthermore, the Commission needed to consider whether the agreement allowed for fair and reasonable terms of employment, including provisions on pay, hours of work, and other conditions such as redundancy and termination. The applicant had to demonstrate that the agreement was not only fair and reasonable but also that it was made without any duress or coercion.

The Commission carefully reviewed the agreement, taking into account submissions from both parties and any relevant evidence. It was noted that the agreement contained standard provisions for pay, hours of work, and other employment conditions, and these were deemed to be fair and reasonable. The Commission found that the agreement was made in good faith and did not contain any terms that were detrimental to the employees. It concluded that the proposed agreement met all the necessary statutory requirements and, therefore, was fit for approval. Consequently, the Commission approved the Fair Trading and Agriculture Enterprise Agreement 2011-2015 between Golden Coating Painting Services and the CFMEU.

Golden Coating Painting Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established