DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/1013)

CAM HAMMOND FLOORS 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 CAM HAMMOND FLOORS 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 CAM HAMMOND FLOORS 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

The matter involved an application for the approval of the Flooring Enterprise Agreement 2019-2021 between CAM HAMMOND FLOORS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, which is responsible for the regulation and enforcement of workplace laws in Australia. The union and the employer sought to have the agreement, which sets out the terms and conditions of employment for employees in the flooring industry, formally approved by the Commission.

The legal issues central to the decision centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions that ensure genuine bargaining and the protection of employees' rights. The Commission had to determine whether the agreement was made in good faith, whether it contained terms that were fair and reasonable, and whether it complied with the relevant provisions of the Act. Additionally, the Commission needed to consider any submissions made by interested parties, including employees and other stakeholders, to ensure that the agreement would not have an adverse effect on the broader workforce or the industry.

In reaching its decision, the Commission examined the negotiation process, the content of the agreement, and the submissions received from various parties. The Commission found that the agreement was the product of genuine negotiations between the parties and contained terms that were fair and reasonable. The Commission was satisfied that the agreement met the requirements of the Act and would not have an adverse effect on the workforce or the industry. As a result, the Commission approved the Flooring Enterprise Agreement 2019-2021, which will now serve as the binding agreement between the employer and the union for the specified period.

The Fair Work Commission approved the Flooring Enterprise Agreement 2019-2021, recognising it as a binding agreement between CAM HAMMOND FLOORS PTY LTD and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The decision confirmed that the agreement met the requirements of the Fair Work Act 2009 and would not have an adverse effect on the workforce or the industry. This outcome ensures that employees in the flooring industry will be covered by a fair and reasonable agreement that reflects the outcome of genuine negotiations between the parties.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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