DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GV and JK Carroll Painters Pty Ltd
(AG2016/7301)

GV AND JK CARROLL PAINTERS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 JANUARY 2017

Application for approval of the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GV and JK Carroll Painters Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 24 January 2017 and, in accordance with s.54, will operate from 31 January 2017. The nominal expiry date of the Agreement is 24 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties in this case were GV and JK Carroll Painters Pty Ltd, and the Fair Work Commission was the court that heard the matter. The dispute centred around the application for the approval of the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2017. The application for approval was made by the employer, GV and JK Carroll Painters Pty Ltd.

The legal issues that the Fair Work Commission was required to decide included whether the enterprise agreement complied with the Fair Work Act 2009, specifically in terms of the agreement's provisions concerning employee entitlements, such as penalty rates, allowances, and overtime, and whether the agreement provided for fair and reasonable terms and conditions of employment. The Commission also needed to determine whether the agreement met the requirement of being free from any form of coercion or undue influence in its formation.

The Fair Work Commission found that the enterprise agreement was compliant with the Fair Work Act 2009 and that the agreement provided for fair and reasonable terms and conditions of employment. The Commission determined that the agreement contained provisions that were consistent with the objectives of the Act and provided for the protection of employees' rights and entitlements. The Commission also found that the agreement was formed without any form of coercion or undue influence. As a result, the Fair Work Commission approved the GV and JK Carroll Painters Pty Ltd Enterprise Agreement 2017.

In light of the Fair Work Commission's decision, the final orders of the court included the approval of the enterprise agreement, which would now be legally binding on the employer and the employees covered by the agreement. This decision would ensure that the employees would receive fair and reasonable terms and conditions of employment, and that their rights and entitlements would be protected under the agreement.

GV and JK Carroll Painters 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