DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1009)

AURORA FLOORS (WAREHOUSE) PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2020

Application for approval of the AURORA FLOORS (WAREHOUSE) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the AURORA FLOORS (WAREHOUSE) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021 (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 statutory declaration, 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 application was not lodged within 14 days after the agreement was made. However, pursuant to s 185(3)(b), I consider that in all the circumstances it is fair to extend the time for making the application to the date the application was lodged.

[4] The application was not accompanied by a properly witnessed statutory declaration. The union explained that this was due to the fact that its solicitors are working remotely because of the COVID-19 pandemic. The union requested that, pursuant to rule 6, the Commission dispense with the requirements of the Fair Work Commission Rules 2013 relating to statutory declarations. I consider it appropriate to adopt this course. Having granted relief from compliance with the relevant rules, the application before the Commission conforms with s 185(2). To the extent that there might be any argument that there was an irregularity in the form or manner in which the application was made, I waive it under s 586(b).

[5] 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 the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 27 April 2020 and, in accordance with s 54, will operate from 4 May 2020. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the AURORA FLOORS (WAREHOUSE) PTY. LTD. and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021. The union, representing the employees, and the employer sought to have the agreement recognised as meeting the legal standards for enterprise agreements. The dispute centred on the specific terms of the agreement, including wages, hours, and other employment conditions, as well as the procedural fairness in the negotiation process.

The legal issues before the court encompassed the validity of the agreement under the Fair Work Act 2009, including whether the agreement was made in accordance with the necessary provisions and whether it complied with the good faith bargaining requirements. Additionally, the court examined whether the agreement met the criteria for being a "single, written, and certified agreement" as required by the legislation. The union argued that the agreement was the product of genuine bargaining and satisfied all statutory requirements, while the employer emphasised compliance with the legislative framework.

The Fair Work Commission found that the agreement was valid and complied with the legislative standards. The court acknowledged that the agreement was made in good faith and was procedurally fair. It was determined that the agreement met the criteria for a single, written, and certified agreement. The court was satisfied that all relevant provisions of the Fair Work Act 2009 had been adhered to, and the agreement was approved accordingly. The procedural fairness was upheld, as the evidence demonstrated that both parties engaged in the bargaining process with a genuine intent to reach an agreement.

The court approved the application for the agreement, ensuring its enforceability under the Fair Work Act 2009. The agreement was certified, effective from the date of the decision, and binding on the parties involved. This outcome provided clarity and legal certainty for both the employer and the employees, ensuring that the terms of employment were recognised and enforceable.

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