DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6362)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2021

Application for approval of the Master Floor Coverings (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 Coverings (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 3 August 2021 and, in accordance with s 54, will operate from 10 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval for a collective agreement with Master Floor Coverings (QLD) Pty Ltd, a company in the flooring industry. The Fair Work Commission (FWC) was the court tasked with examining the agreement to determine if it met the necessary legal standards and requirements for approval.

The central legal issues before the FWC were whether the collective agreement complied with the Fair Work Act 2009, including provisions concerning good faith bargaining and the avoidance of industrial action. The court had to assess if the agreement was fairly negotiated, whether it was reasonably likely to achieve its stated objectives, and if it provided for the avoidance of industrial action. Another key issue was whether the agreement adhered to the FWC’s guidelines on pay and conditions.

The FWC found that the agreement met the legal standards required for approval. The court examined the bargaining process, concluding that it was conducted in good faith and that the parties had genuinely sought to reach an agreement. The FWC also found that the agreement was reasonably likely to achieve its objectives and included adequate provisions to avoid industrial action. Additionally, the agreement complied with the relevant FWC guidelines on pay and conditions, ensuring it was fair and balanced.

The FWC approved the Master Floor Coverings (QLD) Pty Ltd and CFMEU Union Collective Agreement 2020–2022, acknowledging that it met all the necessary legal standards and requirements. The decision was based on the court's thorough examination of the agreement's negotiation process, its potential to achieve its objectives, and its compliance with relevant guidelines. The approval of the agreement was seen as a positive outcome for both the employer and the union, providing a fair and balanced framework for their relationship over the specified period.

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