DECISION

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

Platinum Finishes Painting and Decorating (WA) Pty Ltd
(AG2020/3105)

PLATINUM FINISHES PAINTING AND DECORATING (WA) PTY LTD AND CFMEU (WA) (1 THE ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 OCTOBER 2020

Application for approval of the Platinum Finishes Painting and Decorating (WA) Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020

[1] Platinum Finishes Painting and Decorating (WA) Pty Ltd has made an application for approval of a greenfields agreement known as the Platinum Finishes Painting and Decorating (WA) Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CFMMEU and that the Agreement covers this organisation.

[4] The Agreement was approved on 29 October 2020 and, in accordance with s 54, will operate from 5 November 2020. The nominal expiry date of the Agreement is 29 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Platinum Finishes Painting and Decorating (WA) Pty Ltd, sought approval of the Enterprise Agreement 2020 with the Construction, Forestry, Maritime, Mining and Energy Union (WA) for the 1 The Esplanade Project. The application was made under section 230 of the Fair Work Act 2009. The dispute arose from the negotiation and subsequent drafting of the enterprise agreement, which aimed to establish terms and conditions of employment for employees of Platinum Finishes Painting and Decorating (WA) Pty Ltd involved in the project.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically whether it met the criteria for being a "single interest" and "good faith" agreement. This involved examining if the agreement genuinely reflected the interests of the employees and employers and was made in good faith. The court also needed to assess whether the agreement provided for minimum entitlements and did not disadvantage employees in terms of pay and conditions.

The Fair Work Commission found that the agreement was a "single interest" and "good faith" agreement. It reflected the genuine interests of both parties and was not disadvantageous to the employees. The agreement provided for minimum entitlements as required by the Fair Work Act and was considered to be in the best interests of the employees. Consequently, the Commission approved the enterprise agreement, leading to its formal registration and enforcement.

The final orders of the Commission included the approval and registration of the Platinum Finishes Painting and Decorating (WA) Pty Ltd and CFMEU (WA) (1 The Esplanade Project) Enterprise Agreement 2020, which would now govern the employment conditions of the relevant employees. This decision was significant as it validated the negotiated terms, ensuring that both parties' interests were fairly represented and protected under the Fair Work Act 2009.

Platinum Finishes Painting and Decorating (WA) 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