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

Annexure A

CaseChat Overview and Summary

Armstrong Flooring Pty Ltd, trading as Armstrong Flooring, applied to the Federal Circuit and Family Court for approval of an enterprise agreement. The dispute involved the terms of the Armstrong Flooring Pty Ltd (Braeside Site) Agreement 2019. The court was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement had been made in good faith, whether it contained the necessary provisions, and whether the appropriate process had been followed in making the agreement.

The court examined the evidence provided regarding the process of negotiation and whether it was conducted in good faith. It also assessed the content of the agreement to ensure it complied with the mandatory provisions set out in the Fair Work Act. The court considered submissions from both parties and relevant legal principles concerning enterprise agreements. The primary focus was on whether the agreement met the criteria for approval as set out in the legislation, including the requirement for a majority of employees to vote in favour of the agreement.

In delivering its decision, the court found that the agreement had been made in good faith and followed the necessary processes. The court also confirmed that the agreement contained all the required provisions and that a majority of employees had voted in favour of it. Consequently, the court approved the Armstrong Flooring Pty Ltd (Braeside Site) Agreement 2019. The decision was based on a detailed analysis of the evidence and adherence to the statutory framework governing enterprise agreements.

Armstrong Flooring Pty Ltd T/A Armstrong Flooring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established