DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/164)

ALLSAFE COATINGS 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, 6 FEBRUARY 2020

Application for approval of the Allsafe Coatings 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 Allsafe Coatings 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 6 February 2020 and, in accordance with s 54, will operate from 13 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 involves an application for the approval of the Allsafe Coatings Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021. The application was brought before the Fair Work Commission (FWC), a specialist tribunal with jurisdiction to approve, reject, or make modifications to enterprise agreements. The agreement in question is between Allsafe Coatings Pty Ltd, an employer in the flooring industry, and the union representing the employees, the CFMEU (Victorian Construction and General Division). The dispute revolves around whether the proposed enterprise agreement meets the statutory requirements and whether it provides a fair and efficient means of determining the terms and conditions of employment for the employees involved.

The primary legal issues the court had to address were whether the agreement complied with the provisions of the Fair Work Act 2009 (Cth) and whether it was procedurally and substantively valid. Procedurally, the court considered whether the agreement was made in good faith and whether it was properly certified by the Australian Building and Construction Commission. Substantively, the court examined whether the agreement provided for fair and efficient means of determining the employees' terms and conditions of employment, whether it included appropriate protections for employees, and whether it complied with any relevant national employment standards.

The court, in its decision, found that the proposed agreement met the requirements of the Fair Work Act. The agreement was made in good faith, and the certification process was properly conducted. The court also found that the agreement provided for fair and efficient means of determining the employees' terms and conditions of employment. The agreement included appropriate protections for employees, such as provisions for minimum wages, penalties for breaches, and dispute resolution mechanisms. Furthermore, the court determined that the agreement complied with all relevant national employment standards.

The Fair Work Commission approved the Allsafe Coatings Pty Ltd and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021, with the approval taking effect from the date of the decision. This outcome ensures that the terms and conditions of employment for the employees involved are determined by a fair and efficient process, while also providing appropriate protections and compliance with the national employment standards.

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