Precision Painting Group Pty Ltd

[2013] FWCA 10077

FAIR WORK COMMISSION

DECISION

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

Precision Painting Group Pty Ltd
(AG2013/10433)

PRECISION PAINTING GROUP PTY LTD ENTERPRISE AGREEMENT 2013 - 2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the Precision Painting Group Pty Ltd Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known asthe Precision Painting Group Pty Ltd Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Precision Painting Group Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Precision Painting Group Pty Ltd recently appeared before the Fair Work Commission to seek approval of an enterprise agreement for the period 2013 to 2016. The application was brought by the company, seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The legal issues the court had to consider were whether the agreement was made in good faith, whether it was fairly negotiated, and whether it met the criteria for being a simple, fair and efficient workplace agreement. Additionally, the court had to assess whether the agreement contained any terms that were unfair, unreasonable or inequitable.

In examining these issues, the Fair Work Commission looked at various aspects of the agreement, including the bargaining process, the content of the agreement, and the fairness of the terms. The court considered evidence from both the employer and the employees' representatives regarding the negotiation process and the terms of the agreement. The Commission also took into account the principles of good faith bargaining and the objectives of the Fair Work Act, which are to promote high levels of employment and to encourage cooperative and productive workplace relations.

The Fair Work Commission concluded that the agreement was made in good faith and was fairly negotiated. The court found that the agreement met the criteria for being a simple, fair and efficient workplace agreement. Furthermore, the Commission determined that none of the terms in the agreement were unfair, unreasonable or inequitable. Based on these findings, the court approved the Precision Painting Group Pty Ltd Enterprise Agreement 2013 to 2016 as a registered agreement. The decision provides clarity for both the employer and the employees regarding their rights and obligations under the agreement, and ensures that the agreement is legally enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established