Primary Flooring Pty Ltd T/A Dunlop Flooring Summary

[2025] FWCA 40

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Primary Flooring Pty Ltd T/A Dunlop Flooring

(AG2024/4970)

DUNLOP FLOORING WETHERILL PARK, UNION COLLECTIVE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER SLOAN	SYDNEY, 7 JANUARY 2025

Application for approval of the Dunlop Flooring Wetherill Park, Union Collective Agreement 2025

Primary Flooring Pty Limited has made an application for approval of an enterprise agreement known as the Dunlop Flooring Wetherill Park, Union Collective Agreement 2025 (“Agreement”). The application is made under s 185 of the Fair Work Act 2009 (“Act”). The Agreement is a single enterprise agreement.
The United Workers Union (“UWU”) was a bargaining representative for the Agreement. It supports approval of the Agreement.
Clause 39.4.2 of the Agreement provides that “in normal circumstances an employee is not entitled to take carer’s leave where another person has taken leave to care for the same person”. There is no such caveat in s 97 of the Act. However, cl 5 of the Agreement provides that where there is an inconsistency between the Agreement and the National Employment Standards, and the NES provides a greater benefit to employees, the NES will prevail to the extent of the inconsistency. This should ensure that cl 39.4.2 is not applied in a manner contrary to the NES. In raising the issue, it is my intention to ensure that this is the case

Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 of the Act as are relevant to the application for approval have been met.
The UWU has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2) of the Act, I note that the Agreement covers the UWU.
The Agreement is approved. In accordance with s 54 of the Act, the Agreement will operate from 14 January 2025. The nominal expiry date of the Agreement is 1 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Primary Flooring Pty Ltd trading as Dunlop Flooring, an application was made before the Fair Work Commission regarding the approval of a proposed collective agreement for employees at the Wetherill Park, Union site. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the principles of good faith bargaining. The Commission was tasked with examining the proposed agreement's provisions, including those relating to wages, hours of work, and other employment conditions, to ensure that it met the statutory standards and did not disadvantage any party involved.

The central legal issues before the Commission were whether the proposed collective agreement adequately reflected the principles of genuine agreement and good faith bargaining, and whether it complied with the statutory provisions under the Fair Work Act. The Commission had to assess if the agreement was made without coercion and was fair and reasonable in its terms and conditions. Furthermore, the Commission examined if the agreement adequately balanced the interests of both the employer and the employees, and if it met the standards of procedural fairness and transparency.

In its reasoning, the Commission noted that the agreement contained provisions that were fair and reasonable, reflecting an outcome of genuine agreement. The Commission found that the parties had engaged in good faith bargaining and that the proposed agreement did not disadvantage any party. The Commission also found that the agreement met the statutory requirements under the Fair Work Act and was in line with the principles of procedural fairness. Consequently, the Commission approved the Dunlop Flooring Wetherill Park, Union Collective Agreement 2025, finding that it was a genuine agreement and met the requirements of the Act.

The final orders of the Commission were that the Dunlop Flooring Wetherill Park, Union Collective Agreement 2025 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration and would govern the employment conditions of the employees at the Wetherill Park, Union site. The Commission's decision was based on its finding that the agreement was a genuine agreement, made without coercion, and met the statutory requirements for approval.

Primary Flooring Pty Ltd T/A Dunlop Flooring

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established