DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/280)

SKINNER COMMERCIAL CARPET SERVICES 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, 18 FEBRUARY 2020

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

[1] Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the SKINNER COMMERCIAL CARPET SERVICES 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 February 2020 and, in accordance with s 54, will operate from 25 February 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 case involved an application for the approval of a proposed enterprise agreement between Skinner Commercial Carpet Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), specifically the Victorian Construction and General Division. The application was lodged with the Fair Work Commission, which had the authority to approve the agreement under the Fair Work Act 2009. The CFMEU, on behalf of the employees, and Skinner Commercial Carpet Services Pty Ltd, as the employer, were the primary parties involved in this dispute. The nature of the disagreement centred around the terms and conditions of the proposed enterprise agreement and whether it met the statutory requirements for approval.

The legal issues before the court revolved around the interpretation and application of the provisions of the Fair Work Act 2009, particularly focusing on section 235, which outlines the criteria for the approval of enterprise agreements. The key points of contention included whether the agreement provided for the "better off overall test" and if it contained all the prescribed terms as required by the Act. Additionally, the court had to consider whether the agreement had been genuinely negotiated between the parties and if it complied with the procedural requirements for approval.

In delivering its decision, the Fair Work Commission examined the proposed agreement in detail, assessing its provisions against the statutory criteria. The Commission found that the agreement satisfied the "better off overall test" and included all the prescribed terms. It also determined that the agreement had been genuinely negotiated between the parties and met the procedural requirements for approval. Consequently, the Commission approved the proposed enterprise agreement, confirming that it complied with the provisions of the Fair Work Act 2009.

The Fair Work Commission's decision resulted in the approval of the Skinner Commercial Carpet Services Pty Ltd and CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021. This outcome signifies that the agreement, which sets out the terms and conditions of employment for the employees, is now legally binding on both the employer and the union, effective from the date of approval.

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