Anz Flooring Pty Ltd Trading AS Armstrong Flooring

[2025] FWCA 3118

[2025] FWCA 3118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Anz Flooring Pty Ltd Trading AS Armstrong Flooring

(AG2025/2769)

ARMSTRONG FLOORING (BRAESIDE SITE) AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER CONNOLLY	MELBOURNE, 17 SEPTEMBER 2025

Application for approval of the Armstrong Flooring (Braeside Site) Agreement 2025

1. An application has been made for approval of an enterprise agreement known as the Armstrong Flooring (Braeside Site) Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by ANZ Flooring Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 26 August 2025.

1. The notification time for the Agreement under s.173(2) was 26 March 2025 and the Agreement was made on 12 August 2025. Accordingly, the genuine agreement requirements the Agreement is to be assessed under are those applying after 1 July 2025 and the better off overall test (BOOT) is that applying on and from 1 July 2025.

1. On 1 September 2025, the Employer was invited to address aspects of the Agreement including through the provision of an undertaking.

Undertaking

1. The Applicant has provided written undertakings, dated 1 September 2025, and a copy is attached in Annexure A. A copy of the undertaking has been provided to the bargaining representative(s) and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

1. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement, thus appearing to meet the requirements of s.190(3). The undertaking is taken to be a term of the Agreement.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

Union covered

1. The “United Workers 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) of the Act I note that the Agreement covers this organisation.

Approval

1. I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2028

COMMISSIONER

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Annexure A