DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/4508)

MK FLOORS VIC PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 SEPTEMBER 2015

Application for approval of the MK Floors VIC Pty Ltd and CFMEU Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the MK Floors VIC 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 CFMEU- Forestry and Furnishing Products Division. The Agreement is a single enterprise agreement.

[2] The Applicant 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 9 September 2015 and, in accordance with s.54, will operate from 16 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for the approval of the MK Floors VIC Pty Ltd and CFMEU Enterprise Agreement 2015. The application was opposed by MK Floors VIC Pty Ltd. The dispute centred around whether the enterprise agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity of the agreement and assessing if it adhered to the mandatory provisions of the Fair Work Act.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated, covered all employees of MK Floors VIC Pty Ltd, and complied with the minimum terms and conditions set by the Act. Additionally, the Commission had to consider whether the agreement contained any terms that were contrary to public policy or detrimental to employees. The Commission examined the negotiation process, the scope of the agreement, and the specific terms within it to ensure they met the legislative standards.

After thorough examination, the Fair Work Commission found that the enterprise agreement was genuinely negotiated and appropriately covered all employees of MK Floors VIC Pty Ltd. The Commission concluded that the agreement complied with the statutory requirements and did not contain any terms that were against public policy or detrimental to employees. Therefore, the Commission approved the enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the MK Floors VIC Pty Ltd and CFMEU Enterprise Agreement 2015, effective from 24 March 2015. The decision was made in light of the agreement meeting all statutory requirements and not containing any terms that contravened public policy or were detrimental to employees.

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