Ultrafloor (aust) Pty Ltd

[2020] FWCA 4363

[2020] FWCA 4363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ultrafloor (aust) Pty Ltd
(AG2020/2173)

ULTRAFLOOR (AUST) PTY LTD COLLECTIVE AGREEMENT 2020

Cement and concrete products
DEPUTY PRESIDENT BOYCE	SYDNEY, 19 AUGUST 2020

Application for approval of the Ultrafloor (aust) Pty Ltd Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Ultrafloor (aust) Pty Ltd Collective Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ultrafloor (aust) Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I note that the Agreement was made on 8 July 2020, but was filed for approval with the Fair Work Commission on 23 July 2020. Observing that s.185(3)(a) of the Act imposes is a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application one day out of time.

[3] Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for making the application by one day. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement). I also rely upon the Applicant’s evidence as to its reasons for delay as set out in answer to Q1.4 of its Form F16 (dated 23 July 2020).

[4] Otherwise, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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