DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldings Painting Services (WA) Pty Ltd ATF B & S Golding Family Trust and R & B Golding Family Trust T/A Goldings Painting Services
(AG2015/5902)

GOLDINGS PAINTING SERVICE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 29 OCTOBER 2015

Application for approval of the Goldings Painting Service Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Goldings Painting Service 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 Goldings Painting Services (WA) Pty Ltd ATF B & S Golding Family Trust and R & B Golding Family Trust T/A Goldings Painting Services. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 29 October 2015 and, in accordance with s.54, will operate from 5 November 2015. The nominal expiry date of the Agreement is 29 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent matter before the Fair Work Commission, Goldings Painting Services (WA) Pty Ltd ATF B & S Golding Family Trust and R & B Golding Family Trust T/A Goldings Painting Services sought approval of the Goldings Painting Service Enterprise Agreement 2015. The application for approval was made by the employer, Goldings Painting Services, under section 232 of the Fair Work Act 2009. The applicant sought to have the enterprise agreement approved as a simple, single-enterprise agreement, rather than a safety net agreement. The dispute involved the classification and remuneration of certain employees, as well as the terms and conditions of employment under the proposed agreement.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, particularly whether it provided for a safety net that was not less favourable than the relevant provisions of the National Employment Standards and the relevant award. The Commission had to consider whether the agreement contained all the mandated terms and conditions, and whether it was likely to have the effect of improving the terms and conditions of employment for the employees covered by the agreement. The Commission also had to consider whether the agreement was likely to be effective in achieving its objectives, and whether it was in the best interests of the employees.

The Commission found that the proposed agreement met the requirements of the Fair Work Act and was likely to improve the terms and conditions of employment for the employees covered by the agreement. The Commission was satisfied that the agreement contained all the mandated terms and conditions, and that it provided for a safety net that was not less favourable than the relevant provisions of the National Employment Standards and the relevant award. The Commission also found that the agreement was likely to be effective in achieving its objectives, and that it was in the best interests of the employees. The Commission approved the Goldings Painting Service Enterprise Agreement 2015 as a single-enterprise agreement, and not as a safety net agreement. The applicant was ordered to give notice of the approval of the agreement to all employees covered by the agreement, and to provide a copy of the approved agreement to each such employee.

Goldings Painting Services (WA) Pty Ltd ATF B & S Golding Family Trust and R & B Golding Family Trust T/A Goldings Painting Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established