Vincent Painting Pty Ltd

[2014] FWCA 1256

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vincent Painting Pty Ltd
(AG2014/240)

VINCENT PAINTING PTY LTD CFMEU CERTIFIED AGREEMENT FOR YALLOURN POWER STATION, OPEN CUT MINE, LOY YANG A AND LOY YANG B, 2014.

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 FEBRUARY 2014

Application for approval of the Vincent Painting Pty Ltd CFMEU Certified Agreement for Yallourn Power Station, Open Cut Mine, Loy Yang A and Loy Yang B, 2014.

[1] An application has been made for approval of an enterprise agreement known as the Vincent Painting Pty Ltd CFMEU Certified Agreement for Yallourn Power Station, Open Cut Mine, Loy Yang A and Loy Yang B, 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Vincent Painting Pty Ltd. 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] An undertaking has been given in relation to clause 21 of the Agreement and that undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 26 February 2014. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

Vincent Painting Pty Ltd was the subject of a legal proceeding before the Fair Work Commission. The dispute arose from an application for the approval of a certified agreement, specifically the Vincent Painting Pty Ltd CFMEU Certified Agreement for Yallourn Power Station, Open Cut Mine, Loy Yang A and Loy Yang B, 2014. The nature of the application was to determine whether the terms and conditions outlined in the certified agreement were fair and appropriate for the employees involved.

The primary legal issues the court had to address were whether the certified agreement met the requirements set out in the Fair Work Act 2009 and whether it provided for the fair and equitable treatment of the employees. The court needed to ensure that the agreement was consistent with the principles of enterprise bargaining and did not unfairly disadvantage any party. Additionally, the court had to consider if the agreement complied with the provisions regarding procedural fairness and the protection of employee rights.

In examining the certified agreement, the court took into account the submissions from both Vincent Painting Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The court reviewed the procedural fairness of the agreement, ensuring that the bargaining process was conducted in a manner that allowed for genuine negotiation and the expression of employee views. The court also assessed the substantive fairness of the agreement's terms, ensuring they were reasonable and provided adequate protections for the employees. After careful consideration, the court concluded that the agreement met the necessary standards and was fair and appropriate for the employees.

Consequently, the Fair Work Commission approved the Vincent Painting Pty Ltd CFMEU Certified Agreement for Yallourn Power Station, Open Cut Mine, Loy Yang A and Loy Yang B, 2014. The decision was based on the court's finding that the agreement was consistent with the principles of enterprise bargaining and provided for the fair and equitable treatment of the employees. The approval of the agreement ensures that the terms and conditions outlined therein are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established