DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4933)

FLOORWAY TRADING PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	PERTH, 22 SEPTEMBER 2015

Application for approval of the Floorway Trading Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Floorway Trading Pty Ltd and CFMEU Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] Floorway Trading Pty Ltd has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement was approved on 22 September 2015 and, in accordance with s.54, will operate from 29 September 2015. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the application for approval of the Floorway Trading Pty Ltd and CFMEU Enterprise Agreement 2015 were Floorway Trading Pty Ltd, an employer, and the Construction, Forestry, Mining and Energy Union, a trade union. The dispute centred on whether the Fair Work Commission should approve the enterprise agreement, which was proposed to regulate the terms and conditions of employment for employees working under the agreement. The case was heard in the Fair Work Commission, an Australian workplace relations tribunal.

The primary legal issue the court had to decide was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, if it contained terms that were fair and reasonable, and if it complied with the provisions of the act that mandate the protection of employees' rights and interests. The court also needed to consider whether the agreement met the threshold for being considered a single, indivisible bargain.

In reaching its decision, the court examined the negotiation process of the agreement and the terms contained within it. The court found that the agreement was genuinely negotiated between the employer and the union, and that the terms of the agreement were fair and reasonable. The court also determined that the agreement met the threshold for being considered a single, indivisible bargain. Consequently, the court approved the Floorway Trading Pty Ltd and CFMEU Enterprise Agreement 2015, finding it to be compliant with the Fair Work Act 2009.

As a result of the court's decision, the Fair Work Commission approved the enterprise agreement, allowing it to come into effect. The agreement now governs the employment terms and conditions for employees working under it, providing a framework for the relationship between the employer and the union. The decision ensures that the rights and interests of employees are protected while also acknowledging the need for a balanced approach in workplace negotiations.

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