DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6363)

MASTER FLOOR PREPARERS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2021

Application for approval of the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[4] The Agreement was approved on 4 August 2021 and, in accordance with s 54, will operate from 11 August 2021. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved a dispute between the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Master Floor Preparers (Qld) Pty Ltd. The dispute centred on the application for approval of a collective agreement between the two parties for the period 2020–2022. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues before the Commission were whether the collective agreement met the statutory requirements for approval and whether it complied with the provisions of the Act. In particular, the Commission needed to determine if the agreement provided for a fair and efficient workplace, if it adhered to the principles of good faith bargaining, and if it was in the best interests of the employees.

In delivering its decision, the Commission considered the nature of the bargaining process, the terms of the agreement, and the context in which it was negotiated. The Commission found that the agreement was the result of good faith negotiations between the parties and that it contained terms that were fair and efficient for the employees. The Commission also found that the agreement complied with the statutory requirements for approval under the Act. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Master Floor Preparers (Qld) Pty Ltd and CFMEU Union Collective Agreement 2020–2022. The Commission's decision was based on its finding that the agreement was the result of good faith negotiations and contained terms that were fair and efficient for the employees. The Commission also found that the agreement complied with the statutory requirements for approval 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

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Reasons for decision

Legal Principle Established