DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fletchers Carpet Holdings Pty Ltd T/A Choices Flooring By Fletcher
(AG2020/2796)

FLETCHERS CARPET HOLDING PTY LTD T/A CHOICES FLOORING BY FLETCHER ENTERPRISE AGREEMENT 2020-2024

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 1 OCTOBER 2020

Application for approval of the Fletchers Carpet Holding Pty Ltd T/A Choices Flooring by Fletcher Enterprise Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the Fletchers Carpet Holding Pty Ltd T/A Choices Flooring by Fletcher Enterprise Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fletchers Carpet Holdings Pty Ltd T/A Choices Flooring By Fletcher. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 1 October 2020 and, in accordance with s.54, will operate from 8 October 2020. The nominal expiry date of the Agreement is 7 October 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Fletchers Carpet Holdings Pty Ltd, trading as Choices Flooring by Fletcher, and the relevant employees' union. The dispute centred around the approval of the Fletchers Carpet Holdings Pty Ltd T/A Choices Flooring by Fletcher Enterprise Agreement 2020-2024. The application for approval was lodged with the Fair Work Commission, which held jurisdiction over the matter.

The legal issues before the court were whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009, including whether the agreement facilitated, promoted, or improved the productivity of the enterprise. Additionally, the court needed to determine if the agreement provided for the appropriate process for the resolution of workplace disputes.

In delivering its decision, the Fair Work Commission considered the overall fairness of the agreement, the parties' bargaining positions, and the potential impact on employees. The Commission found that the agreement was fair and reasonable, taking into account the economic climate and the parties' respective positions. The Commission determined that the agreement facilitated, promoted, or improved the productivity of the enterprise and provided for an appropriate process for the resolution of workplace disputes. Consequently, the court approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Fletchers Carpet Holdings Pty Ltd T/A Choices Flooring by Fletcher Enterprise Agreement 2020-2024, effective from the date of the decision. This decision was binding on both the employer and the employees, and it governed their employment terms and conditions for the duration of the agreement.

Fletchers Carpet Holdings Pty Ltd T/A Choices Flooring By Fletcher

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established