DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for DAPesaturo Trust T/A Pes Paint Pty Ltd
(AG2017/4584)

PES PAINT ENTERPRISE AGREEMENT 2017

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

Application for approval of the Pes Paint Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pes Paint Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for DAPesaturo Trust T/A Pes Paint Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2017. The nominal expiry date of the Agreement is 22 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Trustee for the DAPesaturo Trust T/A Pes Paint Pty Ltd sought approval of the Pes Paint Enterprise Agreement 2017. The application was brought to ensure that the proposed agreement was in compliance with the relevant industrial laws and standards. The agreement, which was negotiated between the employer and the employees, aimed to set the terms and conditions of employment for the workers within the enterprise.

The legal issues that the Commission needed to address included whether the agreement met the requirements of the Fair Work Act 2009, particularly with respect to the bargaining process and the fairness of the terms proposed. The Commission examined whether the agreement had been genuinely bargained, whether it contained the mandated minimum terms and conditions, and whether it was free from any unfair content. The focus was on ensuring that the agreement was fair and balanced, considering the interests of both the employer and the employees.

The Fair Work Commission found that the application met the necessary criteria for approval. The Commission concluded that the agreement was the product of genuine bargaining, contained all the required minimum terms, and did not include any unfair provisions. The decision to approve the agreement was based on the evidence presented, which demonstrated that the agreement was fair and balanced, taking into account the needs and interests of both parties. The Commission's reasoning emphasised the importance of ensuring that enterprise agreements promote harmony and cooperation in the workplace.

The final orders of the Commission were to approve the Pes Paint Enterprise Agreement 2017, allowing it to come into effect as per the terms negotiated between the employer and the employees. The approval was contingent on the agreement being registered with the Fair Work Commission, which would then be binding on all parties involved. This decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of their employment were legally sound and fair.

The Trustee for DAPesaturo Trust T/A Pes Paint 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