Mattioli Domestic and Commercial Painting Services P/L

[2013] FWCA 969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Mattioli Domestic and Commercial Painting Services P/L
(AG2013/262)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN MATTIOLI DOMESTIC AND COMMERCIAL PAINTING SERVICES P/L AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 FEBRUARY 2013

Application for approval of the FTAA Enterprise Agreement 2011-2015 between Mattioli Domestic and Commercial Painting Services P/L and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between Mattioli Domestic and Commercial Painting Services P/L and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mattioli Domestic and Commercial Painting Services P/L. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 February 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration involved Mattioli Domestic and Commercial Painting Services P/L, represented by their management, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the approval of the FTAA Enterprise Agreement 2011-2015, which aimed to regulate the employment conditions of workers under the company. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The primary legal issue that the Commission had to address was whether the enterprise agreement in question met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for the proper operation of businesses. Another aspect of the decision involved examining if the agreement had been negotiated fairly and whether it included appropriate provisions for the resolution of disputes. The Commission also had to determine if the agreement adequately covered the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

In reaching its decision, the Commission thoroughly reviewed the negotiation process and the content of the agreement. It considered evidence provided by both parties regarding the negotiation process and the fairness of the agreement. The Commission found that the agreement had been negotiated in good faith and that it contained provisions that were fair and reasonable. The Commission noted that the agreement included appropriate mechanisms for the resolution of disputes and that it provided for the proper operation of the business. The Commission also found that the agreement adequately covered the terms and conditions of employment and met the criteria for approval under the Fair Work Act 2009. Based on these findings, the Commission approved the FTAA Enterprise Agreement 2011-2015.

The Fair Work Commission approved the FTAA Enterprise Agreement 2011-2015 between Mattioli Domestic and Commercial Painting Services P/L and the CFMEU. This decision signified that the agreement met all necessary criteria for approval, including being made in good faith, providing for the proper operation of businesses, and covering appropriate terms and conditions of employment. The approval of the agreement was set to regulate the employment conditions of workers under the company for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established