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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ultrafloor (aust) Pty Ltd applied to the Fair Work Commission for approval of the Ultrafloor (aust) Pty Ltd Collective Agreement 2020. The applicant argued that the agreement provided fair and reasonable terms for employees. The respondents, who were employees of the company, raised concerns about certain clauses in the agreement, which they believed were not fair and reasonable.

The central issue before the court was whether the collective agreement provided fair and reasonable terms for employees. This involved examining specific clauses of the agreement, including those related to wages, working conditions, and dispute resolution mechanisms. The court had to determine if these clauses complied with the Fair Work Act 2009 and if they were fair and reasonable in the circumstances of the case.

The court examined the collective agreement clause by clause, considering the principles of fairness and reasonableness as outlined in the Fair Work Act 2009. It found that while some clauses were acceptable, others did not meet the required standard of fairness and reasonableness. The court focused particularly on the wage provisions and dispute resolution mechanisms, which were deemed to be inadequate. After making certain adjustments to the agreement, the court concluded that it could approve the agreement with modifications. The changes primarily involved enhancing the wage provisions and improving the dispute resolution mechanisms.

The final orders of the court included the approval of the Ultrafloor (aust) Pty Ltd Collective Agreement 2020, subject to the modifications made. These modifications were aimed at ensuring that the agreement provided fair and reasonable terms for the employees, in compliance with the Fair Work Act 2009.

Ultrafloor (aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established