DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/953)

TFC COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2020

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

[1] An application has been made for approval of an enterprise agreement known as the TFC COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by TFC Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement 2019-2021. The agreement, if approved, would govern the terms and conditions of employment for the employees of TFC Commercial Pty Ltd covered by the agreement. The application was heard by the Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations.

The central legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether the agreement was made in the spirit of cooperative and genuine bargaining. Specifically, the court needed to consider whether the agreement complied with the "better off overall test" and whether the process of bargaining was genuine and free from any undue influence or coercion. Additionally, the court examined whether the agreement contained all the mandated minimum terms and conditions as prescribed by the Act.

In reaching its decision, the Fair Work Commission examined the bargaining process and found it to be genuine and free from any undue influence. The commission noted that the agreement was the result of a collaborative and transparent negotiation process between the parties. Furthermore, the commission assessed the agreement against the better off overall test and concluded that the agreement provided employees with terms and conditions that were at least as good as those provided under the applicable award or other relevant agreements. The court also confirmed that the agreement contained all the mandated minimum terms and conditions as required by the Fair Work Act 2009. Based on these findings, the court approved the Enterprise Agreement 2019-2021 between TFC Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division).

The final orders of the court were that the Enterprise Agreement 2019-2021 between TFC Commercial Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) be approved, effective from the date of the decision. The agreement would now govern the terms and conditions of employment for the employees of TFC Commercial Pty Ltd covered by the agreement, and the parties were required to abide by the terms and conditions set out in the approved agreement.

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