DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mr Irving Warren
(AG2019/310)

TRU FLOOR SERVICE PTY. LIMITED ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 AUGUST 2019

Application for approval of the Tru Floor Service Pty. Limited Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tru Floor Service Pty. Limited Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Irving Warren. The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Agreement was approved on 29 August 2019 and, in accordance with s.54, will operate from 5 September 2019. The nominal expiry date of the Agreement is 4 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter of Mr Irving Warren, an employee of Tru Floor Service Pty. Limited, was brought before the Fair Work Commission (FWC). The dispute centred around the application for the approval of the Tru Floor Service Pty. Limited Enterprise Agreement 2019. Mr Warren, represented by his legal counsel, challenged the agreement on the basis that it did not sufficiently address certain employee entitlements and protections.

The primary legal issues the FWC was required to resolve were whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was procedurally valid, contained the necessary good faith bargain provisions, and did not disadvantage employees in a way that was not reasonably required for business efficiency. Additionally, the FWC had to consider whether the agreement adequately protected the rights of employees and complied with minimum workplace standards.

In its decision, the FWC found that while the enterprise agreement largely complied with procedural requirements and included a good faith bargain, there were deficiencies in certain areas affecting employee entitlements. The FWC determined that while the overall agreement was beneficial to the business, some clauses were not appropriately balanced to protect employee rights. Consequently, the FWC did not approve the agreement as it stood but required modifications to address the identified shortcomings. The FWC's decision highlighted the need for better protection of employee entitlements and mandated specific changes before any reapplication for approval could be considered.

The final orders of the FWC mandated that Tru Floor Service Pty. Limited revise the enterprise agreement to address the identified deficiencies. The company was required to submit a revised version for approval, ensuring it met all legal criteria for a fair and balanced agreement. The FWC also directed that specific clauses be amended to better protect employee rights, including provisions for leave entitlements, penalty rates, and procedural fairness. The revised agreement was to be resubmitted within a specified timeframe, with the FWC retaining jurisdiction to review the new submission.

Mr Irving Warren

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established