Turbo Painting and Decorating Pty Ltd T/A Turbo Painting and Decorating

[2013] FWCA 809

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Turbo Painting and Decorating Pty Ltd T/A Turbo Painting and Decorating
(AG2013/220)

TURBO PAINTING AND DECORATING PTY LTD BHPB IRON ORE GROWTH PROJECTS STAGE 1 CFMEU GREENFIELDS AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 FEBRUARY 2013

Application for approval of the Turbo Painting and Decorating Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Turbo Painting and Decorating Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

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

[3] The Agreement does not contain a flexibility term. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 13 December 2015.

DEPUTY PRESIDENT

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009.

2 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Turbo Painting and Decorating Pty Ltd, trading as Turbo Painting and Decorating, applied to the Fair Work Commission for the approval of the Turbo Painting and Decorating Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement. The dispute centred around the terms and conditions of employment in the iron ore industry, specifically concerning the proposed agreement between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was heard by the Commission, which had to decide whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was a "small business agreement" as defined in the Fair Work Act. The definition of a small business agreement includes a requirement that the employer has fewer than 15 employees. Turbo Painting and Decorating argued that it qualified as a small business employer, while the CFMEU contested this point, asserting that the company had more than 15 employees. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, as required by the Act.

The Commission examined the evidence presented by both parties and determined that Turbo Painting and Decorating was indeed a small business employer, having fewer than 15 employees. The Commission found that the proposed agreement met the criteria for a small business agreement and contained terms and conditions that were fair and reasonable. The agreement provided for minimum rates of pay, reasonable working hours, and other employment conditions that were in line with industry standards and did not disadvantage the employees. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Turbo Painting and Decorating Pty Ltd BHPB Iron Ore Growth Projects Stage 1 CFMEU Greenfields Agreement, confirming that it met the legal requirements for a small business agreement under the Fair Work Act. The Commission's decision validated the terms and conditions of employment outlined in the agreement, ensuring that they were fair and reasonable for both the employer and employees involved in the iron ore industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established