DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primary Flooring Pty Ltd T/A Dunlop Flooring
(AG2018/4931)

DUNLOP FLOORING, WETHERILL PARK, UNION COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	SYDNEY, 24 JANUARY 2019

Application for approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Primary Flooring Pty Ltd T/A Dunlop Flooring. 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.

[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 National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 January 2019 and, in accordance with s.54, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Primary Flooring Pty Ltd, trading as Dunlop Flooring, sought approval for the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2017, from the Fair Work Commission. The applicant argued that the agreement was necessary to facilitate its business operations and maintain competitiveness in the flooring industry. The Australian Manufacturing Workers' Union was the other party involved in the application.

The primary legal issue before the Commission was whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the criteria for an enterprise agreement, such as whether it was made in good faith, free from coercion, and contained the necessary provisions. Another issue was whether the agreement adequately addressed the needs of both the employer and employees, ensuring fairness and balance in the workplace.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith, without coercion, and contained all the required provisions as stipulated by the Fair Work Act. The Commission also determined that the agreement provided a fair and balanced outcome for both the employer and employees, addressing their respective needs and interests effectively. Consequently, the Commission approved the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2017.

The final orders of the Commission included the approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2017, effective from the date of the decision. This decision allowed Primary Flooring Pty Ltd to implement the terms of the agreement, facilitating its business operations and maintaining competitiveness in the flooring industry. The approval also provided a stable and fair working environment for the employees, ensuring their rights and interests were adequately protected.

Primary Flooring Pty Ltd T/A Dunlop Flooring

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established