DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/6986)

ARCHITECTURAL FLOORS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the Architectural Floors Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Architectural Floors Pty Ltd and CFMEU Enterprise Agreement 2016 (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 1 February 2019. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Architectural Floors Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute arose between the applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), and the respondent, Architectural Floors Pty Ltd. The Commission was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009 for being approved as a registered agreement.

The central legal issues the Commission had to address included whether the agreement satisfied the "better off overall test" and whether it complied with the provisions of the Fair Work Act concerning minimum entitlements and the protection of employee rights. Specifically, the Commission examined whether the agreement provided employees with conditions that were no less favourable than those provided by the applicable award or safety net award, and whether it included provisions that were necessary to protect employees’ health, safety, and welfare.

The Fair Work Commission determined that the proposed agreement did indeed meet the statutory requirements for approval. It found that the agreement provided employees with conditions that were at least as favourable as those set out in the applicable award or safety net award. The Commission also concluded that the agreement included necessary provisions to protect the health, safety, and welfare of employees, thereby satisfying the better off overall test. The Commission further noted that the agreement did not undermine the protection of employees’ rights and minimum entitlements, as it was consistent with the broader objectives of the Fair Work Act.

As a result, the Fair Work Commission approved the Architectural Floors Pty Ltd and CFMEU Enterprise Agreement 2016. This decision ensures that the agreement will now serve as the basis for employment conditions between the parties, provided it adheres to the ongoing obligations under 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