DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1012)

THE TRUSTEE FOR FLOOR 91 OPERATIONS TRUST T/AS FLOOR 91 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 TRUSTEE FOR FLOOR 91 OPERATIONS TRUST T/As FLOOR 91 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 TRUSTEE FOR FLOOR 91 OPERATIONS TRUST T/As FLOOR 91 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the applicant, the trustee for Floor 91 Operations Trust trading as Floor 91 Pty Ltd, sought approval for the Flooring Enterprise Agreement 2019-2021 between itself and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The application was heard in the Fair Work Commission, with Deputy President T.J. Allen presiding.

The central legal issues before the court involved whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement fairly and accurately reflected the terms and conditions of employment and whether it was free from any unfair content. The court also needed to consider the potential impact of the agreement on the employees and the employer, as well as any procedural fairness concerns raised by the parties.

In delivering the decision, Deputy President Allen found that the agreement was fair and did not contain any unfair content. The court carefully examined the terms and conditions of the agreement, taking into account the submissions and evidence presented by both parties. The court was satisfied that the agreement provided appropriate protections for the employees and that it was in line with the principles of procedural fairness. Consequently, the court approved the Flooring Enterprise Agreement 2019-2021.

As a result of the court's decision, the Flooring Enterprise Agreement 2019-2021 was approved and registered with the Fair Work Commission. This decision provided clarity and certainty to both the employer and the employees, ensuring that the agreement would govern their employment relationship for the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established