Primary Flooring Pty Ltd

[2022] FWCA 675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Primary Flooring Pty Ltd

(AG2022/273)

Dunlop Flooring Wetherill Park, Union Collective Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2022

Application for approval of the Dunlop Flooring Wetherill Park, Union Collective Agreement 2022

Primary Flooring Pty Ltd has made an application for approval of an enterprise agreement known as the Dunlop Flooring Wetherill Park, Union Collective Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers Union (UWU), 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) and based on its declaration, I note that the Agreement covers the UWU.

The Agreement was approved on 25 February 2022 and, in accordance with s 54, will operate from 4 March 2022. The nominal expiry date of the Agreement is 1 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Primary Flooring Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the application for approval of the Dunlop Flooring Wetherill Park, Union Collective Agreement 2022. The court responsible for adjudicating this matter was the Federal Circuit and Family Court of Australia.

The legal issues that the court was required to decide involved whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees. The court needed to consider whether the agreement met the criteria for approval, including whether it was free from any prohibited content, and whether it contained proper provisions for the protection of employees' rights and entitlements.

In its decision, the court examined the terms of the collective agreement and found that it complied with the statutory requirements of the Fair Work Act. The court also considered the views of the parties involved and the potential impact of the agreement on the employees. After thorough consideration, the court determined that the agreement was in the best interests of the employees and approved its registration. The court's reasoning was based on the evidence presented and the legal framework governing collective agreements.

As a result of the court's decision, the Dunlop Flooring Wetherill Park, Union Collective Agreement 2022 was approved and registered. This decision provides clarity and certainty for both the employer and the employees involved in the agreement. The court's approval ensures that the agreement is legally binding and enforceable, while also protecting the rights and entitlements of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established