DECISION

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

Storm Painting and Rendering Pty Ltd
(AG2014/10946)

STORM PAINTING AND RENDERING ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 JANUARY 2015

Application for approval of the Storm Painting and Rendering Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 December 2014 by Storm Painting and Rendering Pty Ltd for the approval of a single-enterprise agreement known as the Storm Painting and Rendering Enterprise Agreement 2014(“the Agreement”).

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

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Storm Painting and Rendering Pty Ltd, a painting and rendering company, and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute was about the approval of the Storm Painting and Rendering Enterprise Agreement 2014. The Fair Work Commission was the court handling the matter.

The primary legal issue the court had to decide was whether the agreement was in the best interests of the employees, considering the terms and conditions set out within. It also had to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of whether it was made in good faith and whether it provided for appropriate mechanisms for dispute resolution. Another issue was whether the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission considered the submissions from both parties and examined the provisions of the agreement. The court found that the agreement was made in good faith and provided for appropriate mechanisms for dispute resolution. It also determined that the agreement provided fair and reasonable terms and conditions for the employees. The court noted that the agreement provided for a good level of job security, reasonable working hours, and adequate pay rates. It also found that the agreement provided for a fair process for addressing any disputes that may arise. Based on these findings, the court approved the Storm Painting and Rendering Enterprise Agreement 2014. The approval was made on the condition that the agreement be implemented in accordance with its terms and that any disputes be resolved through the agreed-upon mechanisms.

Storm Painting and Rendering 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