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

[2022] FWCA 3444

FAIR WORK COMMISSION

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

(AG2022/3820)

Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 6 OCTOBER 2022

Application for approval of the Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2022.

Mandurah Painters and Decorators Pty Ltd ATF The Glen Family Trust T/A Mandurah Painters and Decorators Pty Ltd (the Employer) has made an application for the approval of the Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

I note that Clause 28.7 and Clause 28.10 – Termination of Employment are potentially inconsistent with the National Employment Standards (NES). Noting the undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2022. The nominal expiry date of the Agreement is 6 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mandurah Painters and Decorators Pty Ltd, sought approval of their enterprise agreement with employees within the painting and decorating industry. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary requirements under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, contended that the agreement did not meet the requirements and was not fair and reasonable.

The key legal issues the commission had to decide were whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements of the Fair Work Act. The commission examined the agreement's provisions, including those relating to wages, hours of work, and other terms and conditions of employment. The commission also considered submissions from both parties and any relevant evidence.

In determining whether the agreement was fair and reasonable, the commission found that the agreement provided for fair and reasonable terms and conditions. The commission noted that the agreement provided for a minimum wage increase of 3% per year and included provisions for additional payments for weekend and public holiday work. The commission also found that the agreement complied with the requirements of the Fair Work Act, including the requirement that the agreement be in writing and be certified by the commission. The commission approved the agreement, finding that it met the necessary requirements under the Fair Work Act.

The Fair Work Commission approved the Mandurah Painters and Decorators Pty Ltd Enterprise Agreement 2022, finding that it provided for fair and reasonable terms and conditions and complied with the requirements of the Fair Work Act. The agreement is now a legally binding contract between the applicant and the employees covered by the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established