Floorwise Pty Ltd

[2013] FWCA 7981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Floorwise Pty Ltd
(AG2013/9229)

FLOORWISE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 14 OCTOBER 2013

Application for approval of the Floorwise Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Floorwise Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Floorwise Pty Ltd, the applicant, sought approval for the Enterprise Agreement 2013, which was intended to govern the terms and conditions of employment for its employees. The respondent, the Building and Construction Union of Australia, raised objections to the agreement, arguing that it failed to meet certain statutory requirements and was not in the best interests of the employees. The Commission was tasked with determining whether the agreement should be approved in its entirety or if modifications were necessary to ensure compliance with the Fair Work Act 2009.

The primary legal issues before the Commission included whether the Enterprise Agreement complied with the procedural requirements outlined in the Fair Work Act, and whether the agreement met the statutory requirement of being in the best interests of the employees. The Commission also considered whether the agreement contained provisions that were inconsistent with the National Employment Standards and if any such inconsistencies could be justified under the Act. Additionally, the Commission evaluated whether the agreement provided adequate protections for employees and whether it balanced the interests of both the employer and the employees.

In delivering its decision, the Commission found that while the Enterprise Agreement largely complied with the procedural requirements of the Act, there were several provisions that did not meet the statutory requirement of being in the best interests of the employees. The Commission noted that certain clauses pertaining to penalty rates and leave entitlements were insufficient to protect employees' interests adequately. However, the Commission also acknowledged the arguments presented by the applicant regarding the need for flexibility in the workplace. Ultimately, the Commission determined that the agreement could be approved with modifications to the clauses in question to better align with the statutory requirement. The modifications ensured that the agreement would provide more robust protections for employees without unduly disadvantaging the employer.

The Fair Work Commission approved the Enterprise Agreement 2013 with the specified modifications to the penalty rates and leave entitlements clauses. These changes were made to ensure that the agreement would better meet the statutory requirement of being in the best interests of the employees, while also maintaining a balance between the interests of the employer and the employees. The modifications were designed to provide adequate protections for employees while allowing for a degree of flexibility in the workplace. The Commission's decision was a careful balancing act, aimed at ensuring that the agreement would be fair and reasonable for all parties involved.

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