DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/136)

ABLE INDUSTRIAL FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 FEBRUARY 2020

Application for approval of the ABLE INDUSTRIAL FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the ABLE INDUSTRIAL FLOORS PTY LTD and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2019 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 10 February 2020. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval of an enterprise agreement between ABLE Industrial Floors Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement, which was entered into under the Fair Work Act 2009, set out the terms and conditions of employment for workers at ABLE Industrial Floors. The primary dispute centred on whether the agreement contained provisions that were not 'fair and reasonable' as required by the Act.

The Commission was required to determine whether certain clauses in the agreement were within the scope of permissible terms under the Fair Work Act, and whether they were fair and reasonable. Specific issues included whether the agreement's provisions regarding wage increases, hours of work, and dispute resolution mechanisms were compliant with the statutory requirements for fairness and reasonableness.

The Commission found that the majority of the agreement's provisions were fair and reasonable. However, it identified certain clauses that it deemed to be outside the scope of the Act or not fair and reasonable. After negotiating with the parties, the Commission approved the agreement with some amendments to address the identified issues. The amendments ensured that the agreement complied with the requirements of the Act and maintained a balance between the interests of the employer and the employees.

The Fair Work Commission approved the Enterprise Agreement with the specified amendments. The approved agreement was to be registered and enforceable as of the date of the Commission's decision. The parties were required to comply with the terms of the approved agreement, subject to any further orders the Commission might make.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established