DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4425)

BERWICK FLOORS PTY LTD T/AS FLOOR TECHNOLOGIES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Berwick Floors Pty Ltd T/As Floor Technologies 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 Berwick Floors Pty Ltd T/As Floor Technologies 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 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 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union sought approval of an enterprise agreement between Berwick Floors Pty Ltd, trading as Floor Technologies, and the union. The dispute centred on the terms and conditions of employment for the employees of the company, as outlined in the proposed agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, and if it contained terms that were in the best interests of the employees it sought to cover. The Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it contained any provisions that might be detrimental to the employees' overall welfare.

The Commission found that the agreement was made in compliance with the procedural requirements of the Fair Work Act, as it was formed through good faith negotiations between the parties. Furthermore, the Commission determined that the terms of the agreement were in the best interests of the employees, as they provided for fair and reasonable working conditions, including provisions for dispute resolution and protections against adverse action. The Commission approved the enterprise agreement, finding that it met the necessary criteria for endorsement.

As a result of the Commission's decision, the parties are bound by the terms of the approved enterprise agreement, which will govern the employment conditions of the employees of Berwick Floors Pty Ltd, trading as Floor Technologies, for the specified period. The agreement will remain in force until superseded by a new agreement or until terminated in accordance with 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