Levent Painting Pty Ltd

[2022] FWCA 1573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Levent Painting Pty Ltd

(AG2022/1352)

Levent Painting Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 11 MAY 2022

Application for approval of the Levent Painting Enterprise Agreement 2022

Levent Painting Pty Ltd has made an application for the approval of an enterprise agreement known as the Levent Painting Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 11 May 2022 and, in accordance with s 54, will operate from 18 May 2022. The nominal expiry date of the Agreement is 11 May 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Levent Painting Pty Ltd, the applicant, sought approval of the Levent Painting Enterprise Agreement 2022 from the Fair Work Commission. The agreement was a proposed enterprise agreement under the Fair Work Act 2009. The respondent, the Australian Painters and Dockers Union, had lodged an objection to the agreement, asserting it was not fair and reasonable in various respects. The case was heard by the Commission, which had to determine whether the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission included whether the agreement provided for terms and conditions that were fair and reasonable, as required by section 233 of the Act. Additionally, the Commission had to consider whether the agreement had been made in accordance with the procedural requirements set out in the Act, particularly the provisions relating to direct communication and the role of the union in the bargaining process. Another key issue was whether the agreement adequately covered the employees’ wages and conditions, ensuring it did not disadvantage any employee.

In its decision, the Commission noted that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry and the bargaining positions of the parties. The Commission found that the agreement was made in compliance with the procedural requirements of the Act, including direct communication between the parties and the union's involvement. The Commission concluded that the agreement was fair and reasonable and approved it. The Commission emphasised the importance of the agreement's provisions on wages and conditions, which it found to be comprehensive and not disadvantageous to employees.

The Fair Work Commission approved the Levent Painting Enterprise Agreement 2022, finding it to be fair and reasonable and in compliance with the procedural requirements of the Fair Work Act 2009. The Commission's decision highlighted the importance of ensuring that enterprise agreements adequately cover wages and conditions and are made through a fair and reasonable bargaining process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established