DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Troy Development Corp Pty Ltd ATF Masterfloors Unit Trust T/A Masterfloors
(AG2020/2516)

MASTERFLOORS AND CFMEU (WA) (1 ESPLANADE PROJECT) ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 9 SEPTEMBER 2020

Application for approval of the Masterfloors and CFMEU (WA) (1 Esplanade Project) Enterprise Agreement 2020 Application for approval of the Masterfloors and CFMEU (WA) (1 Esplanade Project) Enterprise Agreement 2020.

[1] An application has been made for approval of a greenfields agreement known as the Masterfloors and CFMEU (WA) (1 Esplanade Project) Enterprise Agreement 2020 Application for approval of the Masterfloors and CFMEU (WA) (1 Esplanade Project) Enterprise Agreement 2020 (the Agreement). The application was made by Troy Development Corp Pty Ltd ATF Masterfloors Unit Trust T/A Masterfloors pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry, Maritime, Mining and Energy Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2020. The nominal expiry date of the Agreement is 8 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Troy Development Corp Pty Ltd, acting as trustee for the Masterfloors Unit Trust, trading as Masterfloors, and the Construction, Forestry, Maritime, Mining and Energy Union (WA) (CFMEU). The primary dispute centred around the application for the approval of the Masterfloors and CFMEU (WA) (1 Esplanade Project) Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and overseeing the Fair Work Act 2009.

The central legal issues that the Commission needed to address involved whether the Enterprise Agreement complied with the statutory requirements under the Fair Work Act. Key among these was whether the agreement provided for appropriate minimum rates of pay, conditions, and entitlements that met the safety net standards set out in the Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it contained proper procedures for its negotiation, variation, and termination.

In examining the application, the Commission meticulously reviewed the contents of the agreement, focusing on its adherence to the statutory minimum standards and the process by which it was negotiated. The Commission determined that the agreement provided for minimum rates of pay and conditions that were consistent with the safety net provisions of the Act. It also found that the agreement was made in good faith and included appropriate negotiation, variation, and termination provisions. Based on these findings, the Commission approved the Enterprise Agreement, recognising it as a lawful and fair agreement between the parties involved.

Consequently, the Fair Work Commission granted the application for approval of the Masterfloors and CFMEU (WA) (1 Esplanade Project) Enterprise Agreement 2020. This decision confirmed the agreement as a valid and binding contract, reflecting the mutual acceptance and compliance with the statutory requirements under the Fair Work Act.

Troy Development Corp Pty Ltd ATF Masterfloors Unit Trust T/A Masterfloors

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established