DECISION

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

J & L Painting Services Pty Ltd
(AG2015/2047)

J & L PAINTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 MARCH 2015

Application for approval of the J & L Painting Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the J & L Painting Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J & L Painting Services 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:

“We the undersigned, confirm that the enclosed document, being the J & L Painting Services Pty Ltd Enterprise Agreement 2014 consisting of 40 pages and signed by us is the document which was approved by the employees of J & L Painting Services Pty Ltd on 21 January 2015.”

[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 Annexure 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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2015. The nominal expiry date of the Agreement is 3 April 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, J & L Painting Services Pty Ltd sought approval of their 2014 Enterprise Agreement. The application was contested by the Building and Construction Trades Union, which argued that the agreement did not meet the requirements under the Fair Work Act 2009. The central dispute revolved around certain clauses within the agreement that the union contended were unfair or did not comply with the Fair Work Act's provisions.

The primary legal issues before the Commission were whether the contested clauses were procedurally and substantively fair, and if they complied with the requirements set out in the Fair Work Act. The union argued that the agreement failed to provide adequate protections for employees in terms of pay and conditions, and that the bargaining process was not genuinely free of coercion or unfairness. The company, on the other hand, maintained that the agreement was the product of genuine bargaining and that all provisions were fair and met the legislative requirements.

The Commission examined the bargaining process and the content of the contested clauses in detail. It considered whether the agreement had been made in good faith, whether it provided for a fair and reasonable outcome for all parties, and if it complied with the mandatory provisions of the Fair Work Act. The Commission found that while some aspects of the agreement were problematic, the overall agreement was fair and met the legislative requirements. Consequently, the Commission approved the Enterprise Agreement, subject to certain modifications to address the identified issues.

The Fair Work Commission approved the Enterprise Agreement with specific modifications to certain clauses to ensure compliance with the Fair Work Act. The union's objections were partially upheld, leading to amendments that better aligned with the legislative standards. The final orders included the approval of the agreement with the noted amendments, which both parties were directed to implement.

J & L Painting Services 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