DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/7074)

MP FLOORING PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the MP Flooring Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MP Flooring 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 16 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 concerned an application for the approval of the MP Flooring Pty Ltd and Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016. The union and the employer sought approval of the enterprise agreement, which would set out the terms and conditions of employment for the workers covered by the agreement. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions should not be approved due to potential negative impacts on business operations.

The primary legal issue before the Commission was whether the enterprise agreement was fair and reasonable in all its terms. The Commission had to consider whether the agreement met the criteria for approval as outlined in the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether any provisions that may have an adverse effect on the employer's business were outweighed by the benefits to the employees.

The Fair Work Commission found that the enterprise agreement was fair and reasonable in all its terms. The Commission considered the various provisions of the agreement and the arguments presented by both parties. In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that any potential adverse effects on the employer's business were outweighed by the benefits to the employees.

The Fair Work Commission approved the MP Flooring Pty Ltd and Construction, Forestry, Mining and Energy Union Enterprise Agreement 2016. The agreement was registered with the Commission, and the terms and conditions set out in the agreement became legally binding on the parties. This decision provides certainty for both the employer and employees covered by the agreement, and ensures that the agreement meets the requirements of the Fair Work Act 2009.

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