DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/3476)

FLETCHERS CARPET HOLDING PTY LTD T/A CHOICES FLOORING BY FLETCHER AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 5 SEPTEMBER 2017

Application for approval of the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 12 September 2017. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of a new enterprise agreement between Fletchers Carpet Holding Pty Ltd, trading as Choices Flooring by Fletcher, and the Construction, Forestry, Mining and Energy Union (CFMEU). The primary dispute centred around the terms of the proposed agreement and whether it met the necessary standards for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, which has jurisdiction over enterprise agreements and related disputes in Australia.

The legal issues before the Commission were whether the proposed agreement complied with the provisions of the Fair Work Act, including the requirement that it must provide for fair and reasonable terms and conditions. Specifically, the Commission needed to assess whether the agreement provided for appropriate wages and conditions, included mechanisms for dispute resolution, and did not unfairly disadvantage any party. The Commission also had to consider the views of any employees who were not represented by the CFMEU, as per the statutory requirement for a majority of employees to be covered by the agreement.

The Fair Work Commission examined the provisions of the proposed agreement in detail. It found that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and employee benefits. The Commission was satisfied that the agreement included adequate dispute resolution mechanisms and did not unfairly disadvantage any party. The Commission also confirmed that the agreement had been made in good faith and without any coercion. Given these findings, the Commission approved the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016.

The Fair Work Commission ordered the approval of the Fletchers Carpet Holding Pty Ltd t/a Choices Flooring By Fletcher and CFMEU Enterprise Agreement 2016, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Ombudsman, and all parties were required to comply with its terms. This decision provided clarity and certainty for the employer, the union, and the employees, ensuring that the agreement met the statutory requirements for enterprise agreements under the Fair Work Act.

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