Rohy's Painting Pty Ltd

[2014] FWCA 7269

The attached document replaces the document previously issued with the above code on 15 October 2014.

The title of the Agreement as appears in paragraph [1] should read Rohy’s Painting Pty Ltd Enterprise Agreement 2014 - 2018.

Lidia Susac

Associate to Commissioner Riordan

24 October 2014

[2014] FWCA 7269

FAIR WORK COMMISSION

DECISION

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

Rohy's Painting Pty Ltd
(AG2014/7368)

ROHY'S PAINTING PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 OCTOBER 2014

Application for approval of the Rohy's Painting Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Rohy’s Painting Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rohy’s Painting Pty Ltd (the Applicant). The agreement is 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 the decision. The nominal expiry date of the Agreement is 22 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Rohy's Painting Pty Ltd, the Fair Work Commission was called upon to determine the approval of the Enterprise Agreement between the company and its employees for the period 2014-2018. The dispute centred around whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the provisions for minimum wages, penalty rates, and other employment conditions.

The central legal issues the Commission had to address were whether the terms of the agreement were fair and reasonable and if they adhered to the statutory standards set out in the Fair Work Act. The Commission examined the specific clauses of the agreement, including those relating to wages, hours of work, and leave entitlements, to ensure they provided adequate protections and benefits for the employees.

After a thorough examination of the presented evidence and submissions, the Fair Work Commission found that the Enterprise Agreement did meet the criteria for approval. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including adequate wage rates and leave entitlements, and did not disadvantage employees relative to the relevant awards. Consequently, the Commission approved the agreement, affirming its compliance with the legislative framework.

No further orders were made by the Commission, as the primary objective of approving the agreement was achieved. This decision underscored the importance of ensuring that enterprise agreements are balanced, fair, and in compliance with the statutory standards designed to protect employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established