DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/7116)

MASTER FLOOR PREPARERS (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 FEBRUARY 2019

Application for approval of the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] I observe the following provision is less beneficial than the provision of the relevant Modern Award:

• Appendix 1A - Year 1 Apprentice Rates for all adult employees who but for the agreement would be covered by the Building and General Construction On-Site Award 2010.

However, I am satisfied that Clause 5.2 of the Agreement would resolve any potential concerns by ensuring that where there is a conflict between a term of the Agreement and a term the abovementioned Modern Award, the higher wage outcome or other outcome more favourable to the Employee will apply.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2019. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) filed an application for the approval of the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 before the Fair Work Commission. The applicant, the CFMEU, sought approval of the collective agreement for the purpose of it being made binding on non-party employees. The respondent, Master Floor Preparers (QLD) Pty Ltd, contested the application, arguing that the agreement was not fairly negotiated and did not meet the requirements set forth under the Fair Work Act 2009.

The court was tasked with determining whether the collective agreement was fairly negotiated and met the statutory requirements for approval. Specifically, the court had to consider whether the agreement was made in good faith and whether it provided for the proper resolution of workplace issues. Additionally, the court had to assess whether the agreement met the criteria for being a "small business agreement" under the Fair Work Act, which would exempt it from certain procedural requirements.

The Fair Work Commission found that the collective agreement was fairly negotiated and met the requirements for approval. The court noted that the agreement was made in good faith and provided for the proper resolution of workplace issues. The court also found that the agreement met the criteria for being a "small business agreement," as the employer had fewer than 15 employees at the time the agreement was made. As a result, the court approved the collective agreement, making it binding on non-party employees.

The Fair Work Commission ordered that the Master Floor Preparers (QLD) Pty Ltd and CFMEU Union Collective Agreement 2018-2019 be approved and registered with the Fair Work Commission. The agreement will now be binding on all employees of the employer who are covered by the agreement, regardless of whether they are members of the union. The employer is required to comply with the terms of the agreement, and the union has the right to take protected industrial action if the employer fails to do so.

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