DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4263)

COTTER FLOORS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 24 AUGUST 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Cotter 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, 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, 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 31 August 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an enterprise agreement between Cotter Floors Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The application was heard by the Fair Work Commission, which is tasked with ensuring that enterprise agreements meet the requirements set out in the Fair Work Act 2009. The legal issues before the Commission included whether the agreement was made in accordance with the procedural requirements of the Act, and whether it contained appropriate provisions for employee protections, such as minimum wages and conditions.

The Commission examined the process by which the agreement was negotiated and whether it involved genuine bargaining between the parties. The evidence suggested that the agreement was the product of genuine negotiations between the employer and the union, with each party making concessions to reach a mutually acceptable outcome. The Commission also considered whether the agreement provided appropriate protections for employees, including minimum wage rates, leave entitlements, and other conditions of employment. The Commission found that the agreement met the necessary standards and provided adequate protections for employees.

In reaching its decision, the Commission emphasised the importance of ensuring that enterprise agreements are made through genuine bargaining and provide appropriate protections for employees. The Commission noted that the agreement in question met these requirements and therefore approved the enterprise agreement. The Commission's decision was based on a thorough analysis of the evidence and a careful consideration of the legal issues involved. The final orders of the Commission approved the Cotter Floors Pty Ltd and CFMEU Enterprise Agreement 2016, subject to certain conditions and modifications that were deemed necessary to ensure compliance with the Fair Work Act 2009.

Construction, Forestry, 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