DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5504)

FLOORING FUTURE PTY LTD T/A MACDONALD FLOORCOVERING GROUP AND CFMEU ENTERPRISE AGREEMENT 2016

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

Application for approval of the Flooring Future Pty Ltd t/a Macdonald Floorcovering Group and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Flooring Future Pty Ltd t/a Macdonald Floorcovering Group 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, AE421314 PR585773>
Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry, Mining and Energy Union (CFMEU) and Flooring Future Pty Ltd trading as Macdonald Floorcovering Group. The matter concerned an application for the approval of the Enterprise Agreement 2016. The union sought to have the agreement, which was negotiated between the employer and the union, formally approved. This process is a statutory requirement under the Fair Work Act 2009, ensuring that the agreement meets the necessary criteria for approval, including provisions that do not undermine the safety and health of employees or permit exploitative practices.

The legal issues before the Commission included whether the agreement complied with the statutory requirements and whether it contained provisions that were contrary to the public interest or that failed to protect employees' safety and health. Additionally, the Commission had to consider if the agreement appropriately balanced the rights of the employees with the legitimate needs of the employer. The union argued that the agreement was fair and reasonable, while Flooring Future Pty Ltd supported the union's position.

The Fair Work Commission, after reviewing the agreement, found that it met the necessary legal standards and did not contain any provisions that undermined employee safety or health or that were contrary to the public interest. The Commission acknowledged the efforts of both parties in negotiating the agreement, which reflected a balance between the interests of the employer and the employees. The Commission approved the agreement, recognising its compliance with the statutory requirements and its appropriateness for the industry and workforce involved.

No further orders were made beyond the approval of the enterprise agreement. The Commission's decision confirmed the agreement's validity, allowing it to be implemented and enforced between the union and the employer.

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