Tony Isgroves Paint and Decorate Specialists

[2014] FWCA 2849

FAIR WORK COMMISSION

DECISION

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

Tony Isgroves Paint and Decorate Specialists
(AG2014/773)

TONY ISGROVE PAINTING AND DECORATING SPECIALISTS PTY LTD ENTERPRISE AGREEMENT MARCH 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 1 MAY 2014

Application for approval of the Tony Isgrove Painting and Decorating Specialists Pty Ltd Enterprise Agreement March 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tony Isgrove Painting and Decorating Specialists Pty Ltd Enterprise Agreement March 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 8 May 2014. The nominal expiry date of the Agreement is 8 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were Tony Isgrove Painting and Decorating Specialists Pty Ltd and the Electrical Trades Union of Australia. The dispute arose from the application to approve an Enterprise Agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The union contested the approval of the agreement, arguing that it did not meet the requirements under the Act, particularly regarding the treatment of its members.

The legal issues before the Commission involved assessing whether the Enterprise Agreement met the statutory criteria for approval. This included examining the agreement's content to determine if it provided for fair and reasonable terms and conditions, and if it was free from any provisions that were contrary to public policy or otherwise unlawful. Additionally, the Commission needed to determine whether the agreement had been made genuinely and voluntarily, without any undue influence or coercion.

In its decision, the Commission carefully reviewed the terms of the Enterprise Agreement, considering the submissions from both parties. It found that the agreement was largely fair and reasonable, providing for appropriate terms and conditions of employment. The Commission also concluded that the agreement was made genuinely and voluntarily, with no evidence of coercion or undue influence. Given these findings, the Commission approved the Enterprise Agreement, finding that it met all the necessary statutory criteria.

The Fair Work Commission approved the Tony Isgrove Painting and Decorating Specialists Pty Ltd Enterprise Agreement March 2014, subject to the terms and conditions as outlined in the agreement. The union's application to reject the agreement was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established