DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5335)

AURORA FLOORS (WAREHOUSE) PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 26 SEPTEMBER 2016

Application for approval of the Aurora Floors (Warehouse) Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Aurora Floors (Warehouse) 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 was approved on 26 September 2016 and, in accordance with s.54, will operate from 3 October 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE421312 PR585771>
Annexure A

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the Aurora Floors (Warehouse) Pty Ltd and CFMEU Enterprise Agreement 2016. Aurora Floors, a company in the flooring industry, and the CFMEU, a trade union representing workers, had reached an agreement concerning the terms and conditions of employment for warehouse employees at Aurora Floors. The application for approval was necessary to ensure that the agreement complied with the relevant industrial relations legislation and to secure its legal enforceability.

The court had to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement covered the essential attributes prescribed by the Act, including provisions on minimum rates of pay, maximum ordinary hours of work, leave entitlements, and other working conditions. The court also needed to consider whether the agreement had been made in good faith and whether it provided for a proper process for the resolution of disputes between the parties.

In reaching its decision, the court examined the contents of the agreement and the process by which it was made. It considered evidence from both Aurora Floors and the CFMEU regarding the negotiation and conclusion of the agreement. The court determined that the agreement was compliant with the legislative requirements and had been made in good faith. It was satisfied that the agreement provided for a fair and effective process for resolving disputes. Consequently, the court approved the agreement, thereby ensuring its enforceability under the Fair Work Act.

The Fair Work Commission approved the Aurora Floors (Warehouse) Pty Ltd and CFMEU Enterprise Agreement 2016, confirming its compliance with the Fair Work Act 2009 and its validity as a legally binding agreement between Aurora Floors and the CFMEU. The agreement, now approved, sets out the terms and conditions of employment for warehouse employees at Aurora Floors and provides a framework for the resolution of any disputes that may arise under the agreement.

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