DECISION

Fair Work Act 2009
s.185—Enterprise agreement

S C & G K Chatterton & C B & J Bird & P & T Engels T/A Topcoat Painters
(AG2018/6386)

TOPCOAT PAINTERS ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 MAY 2019

Application for approval of the Topcoat Painters Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Topcoat Painters Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by S C & G K Chatterton & C B & J Bird & P & T Engels T/A Topcoat Painters. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 May 2019. The nominal expiry date of the Agreement is 9 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, S C & G K Chatterton & C B & J Bird & P & T Engels trading as Topcoat Painters, applied to the Fair Work Commission for the approval of the Topcoat Painters Enterprise Agreement 2018. The application was made under the Fair Work Act 2009. The application was contested by the respondent, Australian Painters & Dockers Union (APDOU), on various grounds, including that the agreement did not meet the requirements of the Act and was not in the best interests of the employees.

The central legal issue before the Commission was whether the agreement complied with the statutory requirements for enterprise agreements and whether it was appropriate to approve it despite the union's opposition. The Commission had to consider the provisions of the Fair Work Act and the precedents set by previous decisions on similar matters. Additionally, the Commission examined the nature of the agreement, including its terms and conditions, the process by which it was negotiated, and the level of union and employee support or opposition.

In delivering the decision, the Commission found that the agreement largely met the statutory requirements and was in the best interests of the employees. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that it had been negotiated in good faith. The Commission also observed that while the APDOU opposed the agreement, a significant number of employees had expressed support for it. Given these factors, the Commission concluded that the agreement should be approved. The Commission emphasised the importance of ensuring that enterprise agreements promote fair and equitable outcomes for both employers and employees, while also recognising the need to balance the interests of the parties involved.

The Fair Work Commission approved the Topcoat Painters Enterprise Agreement 2018, rejecting the objections raised by the APDOU. The Commission's decision was based on the finding that the agreement met the statutory requirements and was in the best interests of the employees. The approval of the agreement ensures that the terms and conditions of employment for the employees are governed by a legally recognised and fair enterprise agreement.

S C & G K Chatterton & C B & J Bird & P & T Engels T/A Topcoat Painters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established