DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Beyond Flooring Pty Ltd
(AG2020/3384)

BEYOND FLOORING PTY LTD ENTERPRISE AGREEMENT 2020 –2024

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 18 DECEMBER 2020

Application for approval of the Beyond Flooring Pty Ltd Enterprise Agreement 2020 - 2024.

[1] Beyond Flooring Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Beyond Flooring Pty Ltd Enterprise Agreement 2020 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement has been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 25 December 2020. The nominal expiry date of the Agreement is 18 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Beyond Flooring Pty Ltd recently sought approval for their Enterprise Agreement 2020 - 2024 in the Fair Work Commission. The company, an employer in the flooring industry, aimed to formalise the terms and conditions of employment for its employees. The dispute arose from negotiations between the company and its employees, represented by the Australian Manufacturing Workers' Union, concerning the proposed agreement's provisions. The Fair Work Commission, Australia's workplace relations tribunal, was tasked with evaluating the agreement's compliance with relevant labour laws and ensuring it met the statutory requirements for approval.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the Fair Work Act 2009. This involved assessing the agreement's fairness and the process by which it was negotiated. The Commission examined whether the agreement included all mandatory terms as required by the Act and if it adhered to procedural fairness. Additionally, the court needed to determine if the agreement's provisions were consistent with the principles of good faith bargaining and if it provided a safety net for employees, ensuring minimum standards of pay and conditions were met.

The Fair Work Commission concluded that the Enterprise Agreement was generally fair and compliant with the statutory requirements. The agreement contained all mandatory terms and was negotiated in good faith. The Commission found that the bargaining process was procedurally fair and that the agreement provided an appropriate safety net for employees. The Commission approved the agreement, emphasising its balance between the interests of both employers and employees and its adherence to the principles of the Fair Work Act. This decision ensures that the terms and conditions of employment are formally recognised and legally binding for the specified period.

Beyond Flooring Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established