Construction, Forestry, Mining and Energy Union T/A CFMEU Summary

[2017] FWCA 6203

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union T/A CFMEU

(AG2017/4955)

Floorcorp Australia Pty Ltd and CFMEU Enterprise Agreement 2016

Building, metal and civil construction industries
Commissioner Gregory	MELBOURNE, 23 NOVEMBER 2017

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

An application has been made for approval of an enterprise agreement known as the Floorcorp 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 the Construction, Forestry, Mining and Energy Union T/A CFMEU. The Agreement is a single enterprise agreement.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 November 2017. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) to the Fair Work Commission (FWC) for approval of the Floorcorp Australia Pty Ltd and CFMEU Enterprise Agreement 2016. The dispute centred on the validity of the proposed enterprise agreement under the Fair Work Act 2009 and whether it met the requirements for certification and registration. The FWC was tasked with determining whether the agreement was fairly negotiated and if it complied with the relevant provisions of the Act.

The legal issues before the FWC included whether the agreement was made in good faith and whether it met the criteria for "single interest" bargaining. Additionally, the court had to examine if the agreement included all the mandatory terms as required by the Act, and if the process of negotiation was appropriate and fair. It was also necessary to consider if the agreement provided for minimum wages and conditions and if it was consistent with the public interest.

In reaching its decision, the FWC considered the evidence presented by both parties regarding the negotiation process and the contents of the agreement. The Commission found that the agreement was indeed made in good faith and that the negotiation process was appropriate and fair. It was also determined that the agreement met the requirements of the Act, including the provision of minimum wages and conditions. The FWC approved the agreement, finding it to be consistent with the public interest and compliant with all relevant provisions of the Fair Work Act 2009.

The final orders of the FWC were to approve the Floorcorp Australia Pty Ltd and CFMEU Enterprise Agreement 2016, making it a legally binding enterprise agreement under the Act. This decision allowed the agreement to take effect, providing certainty and stability in the workplace for the employees covered by the agreement.

Construction, Forestry, Mining and Energy Union T/A CFMEU

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established