DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/672)

CTA COMMERCIAL FLOORING INSTALLATIONS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 10 MARCH 2017

Application for approval of the CTA Commercial Flooring Installations Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CTA Commercial Flooring Installations Pty Ltd 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] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 17 March 2017. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Commercial Flooring Installations Pty Ltd and Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016. The applicant, Commercial Flooring Installations Pty Ltd, sought to have the enterprise agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the legal requirements for registration, specifically concerning the provisions related to employee entitlements and working conditions.

The legal issues that the Commission had to address included whether the agreement met the procedural requirements for registration, such as being made in good faith and whether the agreement's terms were consistent with the national workplace relations system. Additionally, the Commission needed to determine if the agreement provided adequate protections for employees and whether it adhered to the relevant minimum standards prescribed by the Fair Work Act.

In assessing the agreement, the Fair Work Commission considered the evidence provided by both parties and the provisions of the Fair Work Act. The Commission found that the agreement was made in good faith and that it complied with the procedural requirements for registration. The terms of the agreement were also found to provide fair and reasonable protections for employees, and they aligned with the national workplace relations system. Consequently, the Commission approved the agreement for registration, noting that it met the necessary legal criteria and provided a fair framework for the employer and employees.

The final orders of the Commission included the approval of the Commercial Flooring Installations Pty Ltd and Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016 for registration under the Fair Work Act. The agreement was deemed to be compliant with all statutory requirements and was considered to provide adequate protections for employees while maintaining a fair balance between the interests of the employer and the workforce.

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