DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandurah Painters and Decorators Pty Ltd ATF The Glen Family Trust T/A Mandurah Painters and Decorators Pty Ltd
(AG2018/3662)

MANDURAH PAINTERS AND DECORATORS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 17 DECEMBER 2018

Application for approval of the Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mandurah Painters and Decorators Pty Ltd ATF The Glen Family Trust T/A Mandurah Painters and Decorators Pty Ltd. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 is approved and, in accordance with s.54 of the Act, will operate from 24 December 2018. The nominal expiry date of the Agreement is 16 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mandurah Painters and Decorators Pty Ltd, trading as Mandurah Painters and Decorators, sought approval of their Enterprise Agreement 2018 from the Fair Work Commission. The applicant submitted that the agreement was fair and reasonable, satisfying the requirements of section 230 of the Fair Work Act 2009. The dispute arose from objections lodged by the Australian Building and Construction Commission, which argued that the agreement did not meet the standards for fairness.

The legal issues before the Commission were whether the Enterprise Agreement 2018 was fair and reasonable and whether it complied with the provisions of the Fair Work Act. The Commission had to consider the nature of the agreement, its impact on employees, and whether it met the statutory standards for fairness and reasonableness. The applicant argued that the agreement provided adequate protections and benefits to employees, while the objector contended that it fell short of ensuring fair terms and conditions.

The Commission found that the Enterprise Agreement 2018 was fair and reasonable, despite some concerns raised by the objector. The agreement provided for reasonable terms and conditions, including provisions for minimum wages, penalties, overtime, and other employment conditions. The Commission was satisfied that the agreement met the statutory standards for fairness and reasonableness, and therefore approved the agreement. The Commission's decision was based on the balance of the agreement's provisions and the protections it afforded to employees. The objections raised by the objector were not sufficient to undermine the overall fairness of the agreement.

The final orders of the Commission were that the Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2018 be approved as a registered agreement under section 178 of the Fair Work Act. The agreement was to be registered by the Commission and would be in effect from the date of the decision.

Mandurah Painters and Decorators Pty Ltd ATF The Glen Family Trust T/A Mandurah Painters and Decorators 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