DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6364)

P.T. FLOORING SOLUTION 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 P.T. Flooring Solution 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 P.T. Flooring Solution 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of a collective agreement entered into with P.T. Flooring Solution Pty Ltd. The agreement was for the period 2020 to 2022 and encompassed terms and conditions for employees within the flooring industry. The primary issue before the commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, contained minimum entitlements, and was free from prohibited content.

The commission carefully reviewed the agreement to ensure it complied with the statutory obligations. It considered whether the agreement was genuinely negotiated between the parties and whether it contained the minimum entitlements prescribed by law. The commission also examined the content of the agreement to ascertain if it included any provisions that were contrary to public policy or otherwise prohibited. After thorough analysis, the commission determined that the agreement was made in good faith and contained the necessary minimum entitlements. Additionally, the agreement did not include any content that was prohibited by law.

Based on these findings, the commission approved the collective agreement between the CFMEU and P.T. Flooring Solution Pty Ltd. The decision underscores the importance of ensuring that collective agreements adhere to the legal framework set out in the Fair Work Act, balancing the rights of employers and employees while maintaining industrial peace. The approval of the agreement facilitates a stable and fair working environment within the flooring industry.

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