DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Holman Family Trust T/A Priceless Painting
(AG2016/7230)

THE HOLMAN FAMILY TRUST TRADING AS PRICELESS PAINTING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of The Holman Family Trust Trading as Priceless Painting Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Holman Family Trust Trading as Priceless Painting Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Holman Family Trust T/As Priceless Painting. The Agreement is a single enterprise agreement.

[2] The Applicant 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 30 January 2017. The nominal expiry date of the Agreement is 23 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Holman Family Trust, trading as Priceless Painting, applied to the Fair Work Commission for approval of its 2016 Enterprise Agreement. The application was opposed by the Australian Painters and Dockers Union, which argued that the agreement did not comply with various provisions of the Fair Work Act 2009. The dispute centred on whether the agreement contained appropriate terms and conditions of employment, including pay rates, working hours, and dispute resolution mechanisms.

The primary legal issues revolved around whether the Enterprise Agreement complied with the requirements of the Fair Work Act, particularly in relation to minimum entitlements and the process for making the agreement. The court needed to determine whether the agreement provided for fair and reasonable terms, and whether it had been made in accordance with the prescribed processes. Key points of contention included the adequacy of the pay rates, the flexibility of working hours, and the procedures for resolving disputes.

The Fair Work Commission, after considering the submissions from both parties and reviewing the provisions of the Enterprise Agreement, found that the agreement did not meet the statutory standards. The court held that the pay rates were insufficient and did not comply with the award rates. Furthermore, the working hour provisions were deemed too flexible and did not provide adequate protection for employees. The dispute resolution mechanisms were also found to be inadequate as they did not offer a fair process for resolving employment disputes. Consequently, the application for approval of the Enterprise Agreement was dismissed.

The Fair Work Commission ordered that the Enterprise Agreement be rejected and instructed the parties to return to the negotiating table to address the deficiencies identified in the agreement. The court emphasised the importance of ensuring that all employees are provided with fair and reasonable terms of employment, and that any Enterprise Agreement must comply with the relevant statutory requirements.

The Holman Family Trust T/A Priceless Painting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established