DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Painting NSW Pty Ltd
(AG2016/7709)

MARS PAINTING NSW PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 FEBRUARY 2017

Application for approval of the Mars Painting NSW Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Mars Painting NSW Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mars Painting NSW Pty Ltd. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2017. The nominal expiry date of the Agreement is 5 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mars Painting NSW Pty Ltd sought approval of the Enterprise Agreement 2016-2020 under section 230 of the Fair Work Act 2009 (Cth). The application was heard by the Fair Work Commission, which exercises the powers of the Federal Court. The dispute involved the terms and conditions of employment for the workers covered by the proposed agreement, and the Commission's role was to determine whether the agreement met the criteria for approval as a "single interest" enterprise agreement.

The primary legal issue before the Commission was whether the agreement satisfied the requirements of section 230 of the Fair Work Act. This included assessing whether the agreement related to an "appropriate single interest" employer, and whether it met the "better off overall test" as required by section 235 of the Act. The Commission also needed to consider whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act.

The Commission found that the agreement did indeed relate to an appropriate single interest employer, as defined by the Act, and met the better off overall test. The Commission was satisfied that the agreement was made in good faith and contained all the necessary minimum terms and conditions. Therefore, the Commission approved the Enterprise Agreement 2016-2020 as a "single interest" enterprise agreement under section 230 of the Fair Work Act.

As a result of the Commission's decision, the Enterprise Agreement 2016-2020 was approved and is now a legally binding document between Mars Painting NSW Pty Ltd and the workers it covers. The agreement will govern the terms and conditions of employment for the duration of its validity, until such time as it is replaced by a new agreement or terminated in accordance with the Fair Work Act.

Mars Painting NSW 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