DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5411)

OMNIFLOOR AUSTRALIA PTY LTD AND CFMEU ENTERPRISE AGREEMENT 2016

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

Application for approval of the Omnifloor Australia Pty Ltd and CFMEU Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Omnifloor Australia 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 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 matter before the Fair Work Commission involved an application for the approval of the Omnifloor Australia Pty Ltd and CFMEU Enterprise Agreement 2016. The Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the enterprise agreement, which had been negotiated with Omnifloor Australia Pty Ltd, a company involved in the flooring industry. The dispute centred on the fairness and validity of the proposed agreement, which aimed to regulate the terms and conditions of employment for workers in the flooring industry.

The primary legal issues before the Commission were whether the enterprise agreement was genuinely negotiated and whether it contained the necessary provisions for the protection of employee interests. The Commission was required to assess whether the agreement complied with the requirements of the Fair Work Act 2009, including the provisions related to good faith bargaining, the coverage of the agreement, and the inclusion of essential terms and conditions. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and whether it provided a fair and reasonable outcome.

In its decision, the Commission thoroughly examined the evidence and submissions provided by both parties. The Commission found that the enterprise agreement had been genuinely negotiated and contained the necessary provisions for the protection of employee interests. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, which were considered to be fair and reasonable. The Commission also found that the agreement was in the best interests of the employees and provided a fair outcome, as it offered a balance between the interests of the employer and the employees. Based on these findings, the Commission approved the enterprise agreement, confirming its validity and enforceability under the Fair Work Act 2009.

The final orders of the Commission included the approval of the Omnifloor Australia Pty Ltd and CFMEU Enterprise Agreement 2016, effective from the date of the decision. The Commission also directed that the agreement be registered with the Fair Work Commission and that the parties comply with the terms and conditions outlined in the agreement. Additionally, the Commission ordered that any disputes arising from the agreement would be resolved in accordance with the dispute resolution provisions contained within 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