Armstrong Flooring Pty Ltd T/A Armstrong Flooring

[2020] FWCA 211

[2020] FWCA 211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Armstrong Flooring Pty Ltd T/A Armstrong Flooring
(AG2019/4961)

ARMSTRONG FLOORING PTY LTD (BRAESIDE SITE) AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 16 JANUARY 2020

Application for approval of the Armstrong Flooring Pty Ltd (Braeside Site) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Armstrong Flooring Pty Ltd (Braeside Site) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Armstrong Flooring Pty Ltd T/A Armstrong Flooring. The Agreement is a single enterprise agreement.

[2] Noting clause 11 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[3] The Employer 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. The undertakings are taken to be a term of the agreement.

[4] 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.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 January 2020 and, in accordance with s.54, will operate from 23 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE506765  PR715930>

Annexure A