Platinum Commercial Coatings Pty Ltd T/A Platinum Commercial Coatings Pty Ltd

[2023] FWCA 1732

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Platinum Commercial Coatings Pty Ltd T/A Platinum Commercial Coatings Pty Ltd

(AG2023/1586)

PLATINUM COMMERCIAL COATINGS ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 15 JUNE 2023

Application for approval of the Platinum Commercial Coatings Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Platinum Commercial Coatings Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Commercial Coatings Pty Ltd T/A Platinum Commercial Coatings Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 6.19 – Casual Conversion; and
· Clause 19.16 – Workers’ Compensation Exclusion.

However, noting clause 5.3(a) of the Agreement, I am satisfied 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 22 June 2023. The nominal expiry date of the Agreement is 15 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Platinum Commercial Coatings Pty Ltd, sought approval for the Platinum Commercial Coatings Enterprise Agreement 2023 from the Fair Work Commission. The application was made under section 234 of the Fair Work Act 2009, and the dispute centred around whether the agreement met the requirements for modern awards and if it was in the best interests of the employees. The Commission was tasked with assessing the fairness and appropriateness of the agreement, including its provisions on wages, conditions, and dispute resolution.

The central legal issues before the Commission involved the compliance of the agreement with the provisions of the Fair Work Act, specifically whether it provided for the minimum entitlements set out in the relevant modern awards and whether it met the "better off overall test". The applicant argued that the agreement provided employees with benefits that were at least equivalent to, if not better than, those provided by the modern awards. The Commission also had to consider whether the agreement was procedurally sound, given that it was made without the involvement of a registered bargaining representative.

The Fair Work Commission found that the Platinum Commercial Coatings Enterprise Agreement 2023 was compliant with the requirements of the Fair Work Act. The agreement was deemed to cover all employees, providing them with wages and conditions that were at least equal to, and in some instances better than, those stipulated in the relevant modern awards. Furthermore, the Commission was satisfied that the agreement was made in good faith and met the better off overall test. Given these findings, the Commission approved the agreement, finding it to be in the best interests of the employees. Consequently, the agreement was authorised to commence on the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established