DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Platinum Finishes Painting and Decorating (WA) Pty Ltd
(AG2015/283)

PLATINUM FINISHES PAINTING AND DECORATING (WA) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a single enterprise agreement known as the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Platinum Finishes Painting and Decorating (WA) Pty Ltd.

[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 Agreement was approved on 27 February 2015 and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date of the Agreement is
26 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Platinum Finishes Painting and Decorating (WA) Pty Ltd, the Fair Work Commission was called upon to consider the approval of the Enterprise Agreement 2015. The agreement in question was between Platinum Finishes Painting and Decorating (WA) Pty Ltd, the employer, and its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the terms and conditions of employment, specifically regarding wage rates, penalty rates, and other employment provisions that the agreement sought to establish.

The primary legal issue the Commission had to address was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved ensuring that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the principles of the safety net and the need for a simple, clear, and accessible agreement. Additionally, the Commission had to determine whether the agreement had been made in good faith and without coercion.

In its decision, the Fair Work Commission examined the evidence provided by both parties and the broader context of the industry. The Commission noted the agreement's provisions on wages, penalty rates, and other employment terms, assessing them against the legislative requirements. The Commission concluded that the agreement, while not perfect, provided for fair and reasonable terms and conditions of employment and met the statutory criteria for approval. The agreement was deemed to be made in good faith, and no evidence of coercion was found.

As a result of this determination, the Fair Work Commission approved the Platinum Finishes Painting and Decorating (WA) Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement are legally binding on both the employer and the employees, providing a clear framework for their employment relationship.

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