DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6690)

ACCU FLOOR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 AUGUST 2021

Application for approval of the ACCU FLOOR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the ACCU FLOOR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Construction, Forestry, Maritime, Mining and Energy 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and ACCU FLOOR PTY LTD, with the dispute being the approval of the ACCU FLOOR PTY LTD and CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission of Australia. The central issue before the court was whether the proposed enterprise agreement met the necessary standards for approval under the Fair Work Act 2009, specifically regarding the agreement’s alignment with the ‘better off overall test’ and its fairness towards the employees involved.

In delivering its decision, the Commission examined whether the agreement provided benefits to the employees that were sufficiently compelling to meet the 'better off overall test'. This involved assessing whether the proposed conditions, including wages, hours, and other employment terms, were more advantageous than what the employees would receive under the applicable awards or other agreements. The court also considered the fairness of the agreement, ensuring it did not unduly disadvantage any group of employees and that the negotiation process adhered to the principles of good faith bargaining. The Commission ultimately found that the proposed agreement met the required standards for approval, as it provided clear benefits to the employees and was negotiated in good faith.

The Fair Work Commission approved the enterprise agreement, finding it met the necessary statutory requirements. The decision highlighted the benefits provided to the employees, including improved wages and working conditions, and affirmed that the agreement was negotiated in a manner consistent with the principles of good faith bargaining. The court’s approval was based on the evidence presented, which demonstrated that the agreement was fair and provided a better outcome for the employees overall. The Commission’s decision stands as a confirmation of the agreement’s validity and enforceability under the Fair Work Act 2009.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established