DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2200)

MASTER FLOOR PREPARERS (QLD) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2020

Application for approval of the Master Floor Preparers (QLD) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Master Floor Preparers (QLD) Pty Ltd / CFMEU Collective Agreement 2019-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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 approval of a collective agreement with Master Floor Preparers (Qld) Pty Ltd (Master Floor) for the period 2019-2022. The CFMEU, which represents the employees, and Master Floor, an employer in the floor preparation industry, entered into negotiations resulting in the proposed agreement. The CFMEU sought the Commission's approval to ensure the agreement met the requirements under the Fair Work Act 2009.

The primary legal issues for the Commission to determine were whether the agreement complied with the provisions of the Fair Work Act, including provisions related to enterprise agreements, and whether it was in the best interests of the employees. Specifically, the Commission needed to assess whether the agreement met the 'better off overall test' and if it contained terms that were lawful, procedurally fair, and not contrary to public policy.

The Commission found that the agreement satisfied the 'better off overall test' as it provided employees with a range of benefits that were considered to be better than their previous conditions. The Commission also noted that the agreement contained lawful terms that were procedurally fair and did not contravene any public policy considerations. The Commission concluded that the agreement was fair and reasonable, meeting the criteria for approval under the Fair Work Act.

Accordingly, the Commission approved the Master Floor Preparers (Qld) Pty Ltd / CFMEU Collective Agreement 2019-2022, effective from the date of the decision. The approval ensures that the agreement will be legally binding on both parties for the specified period, providing a framework for the terms and conditions of employment between the CFMEU and Master Floor.

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