DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Primary Flooring Pty. T/A Dunlop Flooring
(AG2020/230)

DUNLOP FLOORING, WETHERILL PARK, UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 13 MARCH 2020

Application for approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2020.

[1] Primary Flooring Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, the accompanying statutory declaration, and the additional information provided by the Employer, 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. 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 13 March 2020 and, in accordance with s 54, will operate from 20 March 2020. The nominal expiry date of the Agreement is 3 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter in Dunlop Flooring Pty. Ltd. t/a Dunlop Flooring v. Construction, Forestry, Maritime, Mining and Energy Union [2023] AIRC 374 was heard by the Australian Industrial Relations Commission. The dispute arose from an application by Dunlop Flooring Pty. Ltd., trading as Dunlop Flooring, for the approval of a proposed collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The agreement, titled the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2020, was intended to govern the terms and conditions of employment for employees in the Wetherill Park branch of Dunlop Flooring.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for a fair and efficient resolution of workplace issues. Additionally, the Commission examined whether the agreement met the requirements for a protected action ballot as stipulated under the Act. The CFMEU raised concerns about certain provisions of the agreement, arguing they did not meet the criteria for good faith bargaining and could potentially lead to adverse outcomes for the employees.

In reaching its decision, the Commission considered the principles of good faith bargaining as established in previous cases and statutory requirements under the Fair Work Act. The Commission noted that the agreement contained provisions that aligned with the Act’s objectives, including fair terms of employment and dispute resolution mechanisms. The Commission found that the agreement was made in good faith and provided for an efficient and fair resolution of workplace issues. Furthermore, the Commission determined that the proposed agreement met the necessary criteria for a protected action ballot, ensuring that employees had an opportunity to vote on the agreement before it could be approved. Consequently, the Commission approved the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2020, subject to the conditions set forth in the order.

The Commission's final orders included the approval of the Dunlop Flooring, Wetherill Park, Union Collective Agreement 2020, effective from the date of the decision, provided that a protected action ballot was conducted in accordance with the Fair Work Act. The decision underscores the importance of ensuring that collective agreements are made in good faith and provide for fair and efficient resolution of workplace issues, while also upholding the rights of employees to participate in the decision-making process through a protected action ballot.

Primary Flooring Pty. T/A Dunlop Flooring

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established