DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/377)

MELBOURNE DESIGNER FLOORS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 FEBRUARY 2020

Application for approval of the MELBOURNE DESIGNER FLOORS (VIC) 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 MELBOURNE DESIGNER FLOORS (VIC) 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 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 6 March 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 Construction, Forestry, Maritime, Mining and Energy Union (CFMEUA) and Melbourne Designer Floors (MDF) sought approval of their Enterprise Agreement from the Fair Work Commission (FWC). The agreement outlined terms and conditions for MDF's employees who were members of the CFMEU. The dispute arose when MDF sought to amend the agreement, leading to the FWC's consideration of the application.

The primary legal issue was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions, and if it had been made in good faith. The CFMEU argued that the agreement provided fair and reasonable terms for employees, while MDF contended that certain provisions were unfair and not made in good faith.

The FWC assessed the agreement's provisions against the criteria in the Fair Work Act. It considered whether the agreement provided for fair remuneration and conditions, including minimum rates of pay, leave entitlements, and other benefits. The FWC also examined whether the agreement was made in good faith, taking into account the parties' conduct and the context in which the agreement was made. Ultimately, the FWC found that the agreement met the criteria for approval, as it provided for fair and reasonable terms and conditions, and had been made in good faith.

The FWC approved the Flooring Enterprise Agreement 2019-2021 between MDF and the CFMEU. The agreement was registered with the FWC, and it became a legally binding contract between the parties. The approval ensured that the terms and conditions outlined in the agreement would apply to MDF's employees who were members of the CFMEU for the duration of the 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