DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Finishes Painting and Decorating (WA) Pty Ltd
(AG2019/1661)

PLATINUM FINISHES PAINTING AND DECORATING (WA) PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 JUNE 2019

Application for approval of the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Platinum Finishes Painting and Decorating (WA) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 24 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE504107 PR709690>
Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2019. The applicant, Platinum Finishes Painting and Decorating (WA) Pty Ltd, sought to have the enterprise agreement approved under the Fair Work Act 2009. The application arose from negotiations between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements and whether it was made in good faith and not for the purposes of defeating the protection of employees’ rights.

The primary legal issues the Commission was required to determine included whether the agreement satisfied the requirements of section 230 of the Fair Work Act, including being in writing and setting out the terms and conditions of employment. The Commission also needed to consider whether the agreement was made in good faith as required by section 235 of the Act. Additionally, the Commission examined whether the agreement provided fair terms and conditions for the employees and whether the process for its negotiation and making was fair.

The Fair Work Commission determined that the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2019 met the statutory requirements for approval. The Commission found that the agreement was in writing and set out the terms and conditions of employment as required by section 230 of the Fair Work Act. The Commission also concluded that the agreement was made in good faith and not for the purposes of defeating the protection of employees’ rights, satisfying the requirements of section 235. Furthermore, the Commission considered that the agreement provided fair terms and conditions for the employees and that the process for its negotiation and making was fair. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Commission and would be in effect from the date of the approval, binding both the employer and the employees represented by the union.

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