DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primary Flooring Pty Ltd T/A Dunlop Flooring
(AG2018/1584)

DUNLOP FLOORING, SUNSHINE, UNION COLLECTIVE AGREEMENT 2018-20

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2018

Application for approval of the Dunlop Flooring, Sunshine, Union Collective Agreement 2018-20.

[1] An application has been made for approval of an enterprise agreement known as the Dunlop Flooring, Sunshine, Union Collective Agreement 2018-20 (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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Primary Flooring Pty Ltd, trading as Dunlop Flooring, applied for the approval of the Dunlop Flooring, Sunshine, Union Collective Agreement 2018-20. The dispute centred on whether the terms and conditions outlined in the collective agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fairly negotiated and did not adversely affect the broader industrial relations system. The relevant legal issues for the court to determine were whether the agreement was genuinely negotiated and whether it adhered to the statutory provisions under the Fair Work Act.

The court examined the process of negotiation and the terms of the agreement to ascertain if it met the requirements of genuine negotiation and the absence of adverse effects on the industrial relations system. The court noted that the agreement was a result of a negotiation process that involved representatives of both the employer and the union. The terms were found to be fair and balanced, addressing the needs and interests of both parties. The court was also satisfied that the agreement did not have an adverse effect on the broader industrial relations system. Consequently, the court concluded that the agreement was genuinely negotiated and met the necessary criteria for approval.

The Fair Work Commission approved the Dunlop Flooring, Sunshine, Union Collective Agreement 2018-20. The court found that the agreement was a product of fair negotiation and did not adversely affect the broader industrial relations system. This decision provides a clear precedent for similar agreements in the future, emphasising the importance of balanced and fair terms in collective agreements.

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