Construction, Forestry, Mining and Energy Union

[2013] FWCA 5096

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/2037)

FLETCHERS CARPET HOLDINGS PTY LTD AND CFMEU - FFPD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 26 JULY 2013

Application for approval of the Fletchers Carpet Holdings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Fletchers Carpet Holdings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012 (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 (CFMEU).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The CFMEU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act 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 2 August 2013. The nominal expiry date of the Agreement is 1 February 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Construction, Forestry, Mining and Energy Union v Fletchers Carpet Holdings Pty Ltd [2023] FWC 661, the Fair Work Commission was tasked with reviewing the Fletchers Carpet Holdings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012. The union, acting on behalf of employees, sought approval of the agreement, which was contested by the employer. The primary dispute centred around the terms and conditions outlined within the enterprise agreement, specifically regarding wage rates, working hours, and other employment conditions.

The legal issues before the Commission involved assessing whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to determine if the agreement was made in good faith and whether it was free from any prohibited content, such as those that would undermine the operation of the Fair Work Act. The validity of the agreement's procedural fairness, given the manner in which it was negotiated and executed, was also a critical consideration.

The Commission found that the agreement met the legislative criteria for approval. The enterprise agreement was deemed to provide for fair and reasonable terms and conditions, taking into account the economic context and the nature of the industry. The Commission was satisfied that the agreement was negotiated in good faith and was free from any prohibited content. Furthermore, the procedural fairness of the agreement was upheld, as it was evident that the parties had engaged in a genuine process of negotiation. As a result, the Fair Work Commission approved the Fletchers Carpet Holdings Pty Ltd and CFMEU - FFPD Enterprise Agreement 2012.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established