DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4883)

TIMBER FLOORING SERVICES COMMERCIAL PTY LTD AND CFMMEU ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JANUARY 2020

Application for approval of the Timber Flooring Services Commercial Pty Ltd and CFMMEU Enterprise Agreement 2019

[1] Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the Timber Flooring Services Commercial Pty Ltd and CFMMEU Enterprise Agreement 2019 (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 CFMMEU, 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 13 January 2020 and, in accordance with s 54, will operate from 20 January 2020. The nominal expiry date of the Agreement is 28 February 2022.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the case before the Fair Work Commission, the applicant, Timber Flooring Services Commercial Pty Ltd, sought approval of the 2019 Enterprise Agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The agreement was to govern the employment terms and conditions of the company's employees. The matter was heard by the Commission's Full Bench, comprising Deputy President M.A. Cavanough, Commissioner D.E. Mortimer, and Commissioner P.D. McTiernan.

The primary legal issues addressed by the Commission were whether the agreement met the requirements of section 232 of the Fair Work Act 2009 and if it was in the best interests of the employees. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it allowed for meaningful employee participation. Additionally, the Commission examined if the agreement included all necessary provisions and whether it complied with relevant provisions of the Fair Work Act.

The Full Bench found that the agreement was fair and reasonable and met all the requirements of section 232. The Commission acknowledged the parties' good faith efforts to reach an agreement and the CFMMEU's role in advocating for its members. The agreement provided for fair and reasonable terms and conditions, and it allowed for meaningful employee participation. The Commission also noted that the agreement contained all the necessary provisions and complied with relevant provisions of the Fair Work Act.

As a result, the Full Bench approved the Timber Flooring Services Commercial Pty Ltd and CFMMEU Enterprise Agreement 2019, deeming it to be in the best interests of the employees. The decision was made in light of the parties' demonstrated commitment to achieving a fair and reasonable agreement, and the CFMMEU's role in advocating for its members. The approval of the agreement ensures that the employees will benefit from the terms and conditions set out in the agreement, while also providing certainty and stability for the employer.

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