DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5368)

FLOOR91 PTY LTD AS TRUSTEES FOR FLOOR 91 OPERATIONS TRUST AND CFMEU ENTERPRISE AGREEMENT 2016

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

Application for approval of the Floor91 Pty Ltd as Trustees for Floor 91 Operations Trust and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Floor91 Pty Ltd as Trustees for Floor 91 Operations Trust 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 3 October 2016. The nominal expiry date of the Agreement is 1 February 2019

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and Floor91 Pty Ltd as Trustees for the Floor 91 Operations Trust. The dispute centred on the approval of the CFMEU Enterprise Agreement 2016. The case was heard by the Fair Work Commission (FWC). The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to consider whether the agreement contained all the necessary terms and provisions as mandated by the legislation, including those related to pay and conditions, and if it adhered to the principles of procedural fairness and good faith bargaining.

The FWC meticulously examined the agreement, focusing on its compliance with the statutory requirements. The Commission assessed whether the agreement was sufficiently comprehensive, addressing all mandatory terms and provisions as outlined in the Fair Work Act and Regulations. Additionally, the FWC evaluated the bargaining process to ensure it was conducted in good faith and with procedural fairness. After a thorough review, the Commission found that the agreement met the necessary legal standards and was in compliance with the relevant legislation. The agreement was thus approved by the FWC, reflecting a determination that it was fair and reasonable for the purposes of the Act.

Following the analysis, the FWC determined that the CFMEU Enterprise Agreement 2016 was valid and should be approved. The decision was based on the finding that the agreement satisfied all legal requirements, including the comprehensiveness of its terms and the adherence to good faith bargaining principles. The FWC's approval of the agreement was grounded in its assessment that it was fair and reasonable, thereby meeting the statutory criteria for enterprise agreements under the Fair Work Act. The final orders included the approval of the agreement, ensuring that it would be binding on the parties as per the legislative framework.

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