DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/105)

MELBOURNE COMMERCIAL CARPETS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 30 JANUARY 2020

Application for approval of the MELBOURNE COMMERCIAL CARPETS 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 COMMERCIAL CARPETS 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 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 6 February 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Melbourne Commercial Carpets Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021. The matter was heard in the Fair Work Commission. The applicant, Melbourne Commercial Carpets Pty Ltd, sought approval of the enterprise agreement, which had been negotiated with the union representing its employees. The union, CFMEU, supported the application.

The legal issues before the court involved whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the proper protection of employees' rights and interests, and whether it was fairly negotiated. The court had to consider the content of the agreement and whether it complied with the relevant provisions of the Act. The court also had to determine whether the agreement was in the best interests of the employees and whether it provided for a fair and reasonable outcome for both parties.

The Fair Work Commission found that the agreement met the requirements of the Act. The court noted that the agreement provided for appropriate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The court also found that the agreement had been fairly negotiated and that both parties had acted in good faith. The court concluded that the agreement was in the best interests of the employees and provided for a fair and reasonable outcome for both parties.

The court approved the enterprise agreement and made orders accordingly. The agreement was to be registered and would come into effect from the date of the commission's decision. The court also ordered that the agreement would remain in force until it was terminated or varied in accordance with the provisions of the Fair Work Act.

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