DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2344)

FLETCHERS CARPET HOLDING PTY LTD T/A CHOICES FLOORING BY FLETCHER AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2018

Application for variation of the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 5 September 2017. Those undertakings form part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 13 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry, Maritime, Mining and Energy Union, sought to have the Fair Work Commission vary the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016. The application sought to change the conditions of employment for certain employees who were previously covered by the agreement but were no longer employed by the company. The dispute was heard in the Fair Work Commission of Australia.

The legal issues that the Commission was required to decide included whether the proposed changes to the agreement were consistent with the relevant legislative provisions and whether the changes were necessary and appropriate in the circumstances. The Commission had to consider whether the changes would result in a detriment to the employees and whether the changes were in the interests of the employees and the employer.

The Commission held that the proposed changes to the agreement were consistent with the relevant legislative provisions and were necessary and appropriate in the circumstances. The Commission found that the changes would not result in a detriment to the employees and were in the interests of both the employees and the employer. The Commission noted that the changes were aimed at addressing the specific circumstances of the employees who were no longer employed by the company, and that the changes would provide greater flexibility and fairness in the workplace. The Commission varied the agreement in accordance with the application.

The Fair Work Commission varied the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016 in accordance with the application. The changes to the agreement were effective from the date of the decision and applied to the relevant employees. The Commission noted that the changes were a result of negotiations between the parties and were not imposed unilaterally by the employer. The Commission also noted that the changes were subject to the usual dispute resolution processes and that the employees had the right to seek further variations if necessary.

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