VG Painting Services P/L

[2014] FWCA 2548

FAIR WORK COMMISSION

DECISION

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

VG Painting Services P/L
(AG2014/645)

FTAA ENTERPRISE AGREEMENT 2011-2015 BETWEEN VG PAINTING SERVICES PTY LTD AND THE CFMEU

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 APRIL 2014

Application for approval of the FTAA Enterprise Agreement 2011-2015 between VG Painting Services Pty Ltd and the CFMEU.

[1] An application has been made for approval of an enterprise agreement known as the FTAA Enterprise Agreement 2011-2015 between VG Painting Services Pty Ltd and the CFMEU (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VG Painting Services P/L. 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 Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 23 April 2014. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VG Painting Services Pty Ltd, in the context of its enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval for the FTAA Enterprise Agreement 2011-2015. The dispute reached the Fair Work Commission, where the primary concern was the fairness and compliance of the proposed agreement under the Fair Work Act 2009.

The court was tasked with assessing several key legal issues, including whether the agreement was made in good faith, if it provided for a fair and reasonable remuneration structure, and whether it complied with the relevant provisions of the Fair Work Act. Furthermore, the court needed to determine if the agreement adequately protected the rights and interests of both the employer and the employees, considering the balance between the two parties' needs and the broader economic context.

In its reasoning, the court examined the provisions of the proposed agreement, weighing the interests of the employer against the rights and protections afforded to the employees. The court found that the agreement was made in good faith and provided for fair and reasonable remuneration and conditions. It also concluded that the agreement was compliant with the Fair Work Act and adequately protected the rights of both parties. Consequently, the court approved the FTAA Enterprise Agreement 2011-2015.

The court's final orders confirmed the approval of the FTAA Enterprise Agreement 2011-2015 between VG Painting Services Pty Ltd and the CFMEU, effective from the date of the decision. This approval ensured that the agreement would govern the employment terms and conditions for the specified period, subject to the rights and obligations outlined in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established