DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/113)

EMBELTON CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2020

Application for approval of the EMBELTON CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021.

[1] An application has been made for approval of an enterprise agreement known as the EMBELTON CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021 (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, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2020. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the EMBELTON CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021. This application was brought to address the terms and conditions of employment for workers within the flooring industry under the mentioned enterprise agreement. The commission was tasked with ensuring that the agreement met the requirements set forth in the Fair Work Act 2009.

The primary legal issues that the commission had to address included whether the agreement provided for the payment of a minimum rate of pay, including allowances and loadings, not less than the applicable award or registered agreement rates. Furthermore, the commission had to determine if the agreement was made in accordance with the good faith bargaining provisions of the Act and if it contained all the mandatory terms required by law. The commission also considered the impact of the agreement on the employees' rights and protections.

In assessing the agreement, the commission examined the provisions related to wages, allowances, and loadings. It found that the agreement stipulated that the minimum rates of pay for employees would not be less than the applicable award rates. Additionally, the commission determined that the agreement had been made in good faith and contained all the mandatory terms required by law. The commission concluded that the agreement did not undermine the rights and protections of the employees and was fair and reasonable in all its terms. Therefore, the commission approved the enterprise agreement, finding that it met the necessary legislative standards.

The final orders of the commission included the approval of the EMBELTON CONTRACTING PTY LTD and the CFMEU (Victorian Construction and General Division) Flooring Enterprise Agreement 2019-2021. The agreement was to be registered and would govern the employment conditions of workers within the flooring industry for the specified period. This decision provided clarity and certainty for both employers and employees under the agreement.

EMBELTON CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) FLOORING ENTERPRISE AGREEMENT 2019-2021

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established