DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/2020)

CUSTOM FLOORING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JULY 2019

Application for approval of the Custom Flooring Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Custom Flooring Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 15.1– Casual Employment;

However, noting clause 2 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for the approval of the Custom Flooring Pty Ltd and CFMEU Union Collective Agreement 2018-2019. The CFMEU argued that the agreement, which was registered under section 237 of the Fair Work Act, provided appropriate terms and conditions for the employees of Custom Flooring Pty Ltd. The company, represented by its directors, opposed the application, contending that the agreement contained terms that were not in the best interests of the employees and the company.

The Commission was required to determine whether the agreement met the statutory criteria for approval, including whether it provided for the employees' pay and conditions of employment, and whether it promoted harmonious, productive and cooperative workplace relations. The Commission also had to consider whether the agreement contained any terms that were contrary to public policy or were otherwise unlawful. The Commission examined the agreement's provisions, including those relating to wages, hours of work, leave, and dispute resolution, and assessed whether they were consistent with the objectives of the Fair Work Act.

After careful consideration of the evidence and arguments presented by both parties, the Commission determined that the agreement met the statutory criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees of Custom Flooring Pty Ltd, and that it promoted harmonious, productive and cooperative workplace relations. The Commission also found that none of the agreement's terms were contrary to public policy or unlawful. The application for approval of the agreement was therefore approved.

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