DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7575)

HOUSTON FLOORS PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 DECEMBER 2016

Application for approval of the Houston Floors Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Houston Floors 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] 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 29 December 2016. 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 involved an application for the approval of the Houston Floors Pty Ltd and CFMEU Enterprise Agreement 2016. The applicant, Houston Floors Pty Ltd, sought the approval of the enterprise agreement which was negotiated with the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement was genuinely negotiated, the process followed in its negotiation, and whether it contained the mandatory terms as required by the Act. The court had to examine the evidence provided by both parties regarding the negotiation process and the content of the agreement. Additionally, the court needed to ensure that the agreement did not contain any terms that were contrary to the public interest or would undermine the safety of employees.

In its decision, the Fair Work Commission considered the evidence provided by both parties. It found that the negotiation process was genuine and that the agreement contained the mandatory terms required by the Act. The Commission also examined the terms of the agreement to ensure they were not contrary to the public interest or unsafe. After careful consideration, the Commission concluded that the enterprise agreement was fair and met the requirements for approval. The Commission approved the agreement, allowing it to come into effect as per the terms negotiated between the parties.

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