DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/239)

FLOORING FUTURE 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, 17 FEBRUARY 2020

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

[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the FLOORING FUTURE 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 17 February 2020 and, in accordance with s 54, will operate from 24 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

In this case, Flooring Future Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) sought approval for their Enterprise Agreement from 2019 to 2021. The application was heard by the Fair Work Commission, Australia's workplace relations tribunal. The union and the employer aimed to formalise the terms and conditions of employment for the workforce within the flooring industry.

The central legal issues involved ensuring the agreement was free from any unfair provisions and that it complied with the Fair Work Act 2009. The Commission needed to verify whether the agreement appropriately balanced the interests of both employers and employees, without unduly disadvantaging either party. Additionally, the Commission examined whether the agreement was made in good faith, involved genuine bargaining, and included adequate consultation processes.

The Fair Work Commission assessed the agreement against statutory criteria, finding that it met the requirements for approval. The Commission concluded that the agreement was fair and reasonable, providing a balanced framework for employment terms. The union and the employer had engaged in genuine bargaining, and the agreement reflected the economic realities of the industry. Consequently, the Commission approved the Flooring Enterprise Agreement 2019-2021.

The final orders included the approval of the agreement, which will now govern the employment conditions for the specified period. The agreement was registered, ensuring it is legally enforceable between the union, the employer, and their employees. This decision highlights the importance of fair and balanced agreements in maintaining harmonious workplace relations.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

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Background to the litigation

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Legal Principle Established