DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mandurah Painting & Decorating Pty Ltd ATF The Glen Family Trust
(AG2015/4047)

MANDURAH PAINTERS & DECORATORS PTY LTD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 JULY 2015

Application for approval of the Mandurah Painters & Decorators Pty Ltd Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mandurah Painters & Decorators Pty Ltd Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mandurah Painting & Decorating Pty Ltd ATF The Glen Family Trust. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 July 2015 and, in accordance with s.54, will operate from 4 August 2015. The nominal expiry date of the Agreement is 28 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Mandurah Painting & Decorating Pty Ltd, represented by the Glen Family Trust, and the Fair Work Commission (FWC). The dispute centred around the application for the approval of the Mandurah Painters & Decorators Pty Ltd Agreement 2015, which was intended to be a new enterprise agreement. The matter was heard by the Full Bench of the FWC. The legal issues before the court involved the procedural fairness of the application process and the interpretation of the relevant provisions within the Fair Work Act 2009. Specifically, the court had to determine whether the application was properly made, whether all required information was provided, and whether the agreement met the necessary criteria for approval.

The Full Bench considered that the application process was conducted in a manner that was procedurally fair. They found that all required information had been provided and that the application was properly made. The court further examined the contents of the proposed agreement and found that it met the criteria for approval under the Fair Work Act 2009. The agreement was deemed to provide for terms and conditions that were fair and reasonable in all respects, taking into account the interests of both employers and employees.

The Full Bench approved the application and confirmed the Mandurah Painters & Decorators Pty Ltd Agreement 2015 as a new enterprise agreement. The decision emphasised the importance of procedural fairness and the need for all necessary information to be provided in the application process. The court found that the agreement in question was fair and reasonable and thus met the criteria for approval under the Act. The approval of the agreement was a significant outcome for both the employer and the employees, as it provided a clear framework for their future industrial relations.

Mandurah Painting & Decorating Pty Ltd ATF The Glen Family Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established