DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4885)

RW GLEESON TRUST T/AS LIFESTYLE FLOORING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 AUGUST 2016

Application for approval of the RW Gleeson Trust T/As Lifestyle Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as RW Gleeson Trust T/As Lifestyle Flooring Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 9 August 2016 and, in accordance with s.54, will operate from 16 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the RW Gleeson Trust trading as Lifestyle Flooring Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement in question was proposed to cover employees who were employed by Lifestyle Flooring Pty Ltd. The dispute centred around the adequacy and fairness of the proposed enterprise agreement, including its compliance with statutory requirements and the best interests of the employees involved.

The legal issues that the Commission was required to decide included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The Commission also had to consider whether the agreement provided for appropriate protections and entitlements for the employees, and whether it was consistent with the overarching principles of the Fair Work Act.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail, taking into account the submissions from both parties. The Commission noted that the agreement included provisions for wages, hours of work, leave, and other employment conditions that were generally in line with industry standards. The Commission also considered the evidence of the parties and found that the agreement had been made in good faith and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement was in the best interests of the employees and met the requirements of the Fair Work Act.

The Commission approved the RW Gleeson Trust trading as Lifestyle Flooring Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Enterprise Agreement 2016-2018. The agreement was registered with the Fair Work Commission and became a legally binding enterprise agreement between the employer and the employees covered by the agreement.

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