DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CIS Flooring Pty Ltd
(AG2015/1122)

CIS FLOORING AND CFMEU - FFPD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 20 MAY 2015

Application for approval of the CIS Flooring and CFMEU - FFPD Enterprise Agreement 2015.

[1] An application has been made for approval of a single-enterprise agreement known as the CIS Flooring and CFMEU - FFPD Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CIS Flooring Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Construction, Forestry, Mining and Energy Union, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2015. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, CIS Flooring, sought approval of the CIS Flooring and CFMEU - FFPD Enterprise Agreement 2015 from the Fair Work Commission. The applicant, a flooring company, argued that the agreement was a "better off overall test" (BOOT) agreement, meeting the requirements of the Fair Work Act. The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) opposed the application, asserting that the agreement did not meet the BOOT standard.

The central legal issue before the court was whether the CIS Flooring and CFMEU - FFPD Enterprise Agreement 2015 complied with the BOOT requirements outlined in the Fair Work Act. Specifically, the court had to determine if the agreement provided employees with overall benefits that were at least as good as those provided by the relevant award or safety net. The court examined various aspects of the agreement, including wages, conditions, and benefits, to assess whether it met the statutory criteria.

The Fair Work Commission found that the agreement did indeed meet the BOOT criteria. The agreement provided employees with wages and conditions that were at least as good as those provided by the relevant award, and in some areas, better. The court considered the evidence provided by both parties and concluded that the agreement offered sufficient overall benefits to employees, thus meeting the requirements of the Fair Work Act.

The Fair Work Commission approved the CIS Flooring and CFMEU - FFPD Enterprise Agreement 2015, finding it to be a valid BOOT agreement. This decision affirmed that the agreement provided employees with overall benefits that were at least as good as those provided by the relevant award or safety net, as required by the Fair Work Act.

CIS 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