Armourcoat Resin Flooring Pty Ltd

[2013] FWCA 3410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armourcoat Resin Flooring Pty Ltd
(AG2013/6465)

ARMOURCOAT RESIN FLOORING PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 29 MAY 2013

Application for approval of the Armourcoat Resin Flooring Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Armourcoat Resin Flooring Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armourcoat Resin Flooring Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 29 May 2013 and, in accordance with s.54, will operate from 5 June 2013. The nominal expiry date of the Agreement is 28 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401498 PR537359>
ANNEXURE A

CaseChat Overview and Summary

Armourcoat Resin Flooring Pty Ltd applied for the approval of the Armourcoat Resin Flooring Pty Ltd Enterprise Agreement 2013. The application was made under section 197 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The dispute arose from the negotiation and subsequent application for approval of the enterprise agreement, which sought to govern the terms and conditions of employment for employees in the resin flooring industry.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must not have the effect of adversely affecting the operation of a law that provides for the protection of employees. The Commission had to determine if the agreement contained provisions that could potentially undermine or conflict with existing employee protection laws. This involved a careful analysis of the specific clauses within the agreement and their implications for employee rights and protections.

The Fair Work Commission concluded that the Armourcoat Resin Flooring Pty Ltd Enterprise Agreement 2013 did not adversely affect the operation of any relevant employee protection laws. The Commission found that the agreement contained provisions that were consistent with and did not undermine the existing legal protections for employees. The agreement was approved on the basis that it provided fair and reasonable terms for employees, and did not contravene any statutory protections. The Commission emphasised the importance of maintaining a balance between the interests of employers and employees, while ensuring compliance with legislative mandates designed to protect employee rights.

The final order of the Commission was that the Armourcoat Resin Flooring Pty Ltd Enterprise Agreement 2013 be approved. The agreement was to take effect from the date of the Commission's decision, providing a legally binding framework for the employment terms and conditions of employees within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established