DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4152)

TIMBER FLOORING SERVICES COMMERCIAL PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2016

Application for approval of the Timber Flooring Services Commercial Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Timber Flooring Services Commercial 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 22 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 Construction, Forestry, Mining and Energy Union (CFMEU) filed an application for the approval of the Timber Flooring Services Commercial Pty Ltd and CFMEU Enterprise Agreement 2016, which was heard by the Fair Work Commission (FWC). The agreement aimed to regulate the employment terms and conditions of employees working in the timber flooring industry. The primary dispute involved the fairness and appropriateness of certain provisions within the agreement, particularly those concerning the classification and remuneration of employees.

The legal issues before the FWC included whether the agreement met the criteria for registration under the Fair Work Act 2009, and if it was fair and appropriate for the employees it covered. This involved an examination of whether the agreement provided for a fair balance of rights and obligations between the employer and employees, and whether it adhered to the principles of good faith bargaining and procedural fairness. The FWC also considered the extent to which the agreement promoted productivity and industrial peace.

The FWC found that the agreement was fair and appropriate for the employees it covered. It held that the agreement satisfied the registration criteria and was the product of genuine collective bargaining. The FWC noted that the agreement provided for a reasonable balance of rights and obligations and promoted productivity and industrial peace. The FWC was satisfied that the agreement's provisions were fair and appropriate, and approved the application for registration of the agreement. The FWC did not find any provisions that were unfair or inappropriate and dismissed the objections raised. The agreement was approved and registered under 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