Saric Bros Pty Ltd T/A Highrise Painting & Decorating

[2013] FWCA 8820

FAIR WORK COMMISSION

DECISION

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

Saric Bros Pty Ltd T/A Highrise Painting & Decorating
(AG2013/11357)

SARIC BROS PTY LTD T/AS HIGHRISE PAINTING AND THE CFMEU BUILDING AND CONSTRUCTION INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 12 NOVEMBER 2013

Application for approval of the Saric Bros Pty Ltd t/as Highrise Painting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Saric Bros Pty Ltd t/as Highrise Painting and the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saric Bros Pty Ltd T/A Highrise Painting & Decorating. The Agreement is a single-enterprise agreement.

[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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 November 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saric Bros Pty Ltd, trading as Highrise Painting and Decorating, applied to the Fair Work Commission for the approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the agreement's terms and conditions. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary legal standards for approval.

The primary legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved examining the agreement's provisions concerning employee entitlements, such as wages, hours of work, leave, and other benefits. The Commission also considered whether the agreement provided for the proper representation of employees and whether it contained any terms that were contrary to public policy or not genuinely agreed upon by the parties.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement did not meet the legal requirements for approval. The Commission identified several issues with the agreement, including provisions that it deemed to be contrary to public policy and terms that it found were not genuinely agreed upon by the parties. Consequently, the Commission rejected the application for approval of the agreement. The Fair Work Commission's decision was based on the need to ensure that enterprise agreements provide fair and reasonable terms and conditions for employees, while also upholding the principles of the Fair Work Act.

The Fair Work Commission ordered that the application for approval of the CFMEU Building and Construction Industry Enterprise Agreement 2011-2015 be dismissed. This decision meant that the proposed agreement could not be registered and would not have legal effect. The Commission's ruling highlighted the importance of ensuring that enterprise agreements comply with the relevant legal standards and provide fair and reasonable terms and conditions for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established