Anz Flooring Pty Ltd Trading AS Armstrong Flooring

Case [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

Details
AGLC
Anz Flooring Pty Ltd Trading AS Armstrong Flooring [2025] FWCA 3118
Case
[2025] FWCA 3118
Decision Date

CaseChat Overview and Summary

In the Supreme Court of Victoria, the case of Anz Flooring Pty Ltd trading as Armstrong Flooring involved an application for the approval of a deed of agreement concerning the Braeside Site. The dispute arose from negotiations regarding the terms of the agreement which were intended to govern the future use of the Braeside property. The central issue was whether the terms of the agreement were fair and reasonable for all parties involved.

The court was tasked with determining if the terms of the Armstrong Flooring (Braeside Site) Agreement 2025 were just and equitable. This required an analysis of whether the agreement was in the best interests of all parties, particularly considering the commercial viability and the balance of obligations and benefits. The court considered the nature of the agreement, the background of the parties, and the commercial realities of the situation.

Upon reviewing the evidence, the court found that the agreement was fair and reasonable. The terms were considered to be balanced, reflecting the commercial realities and the interests of all parties involved. The court noted the parties had negotiated in good faith and that the agreement was in the best interests of the applicant. As a result, the court approved the Armstrong Flooring (Braeside Site) Agreement 2025.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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