DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ultrafloor (aust) Pty Ltd
(AG2017/3628)

ULTRAFLOOR (AUST) PTY LTD COLLECTIVE AGREEMENT 2017

Cement and concrete products
COMMISSIONER LEE	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Ultrafloor (aust) Pty Ltd Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ultrafloor (aust) Pty Ltd Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ultrafloor (aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Ultrafloor (aust) Pty Ltd sought approval for the Ultrafloor (aust) Pty Ltd Collective Agreement 2017. The dispute arose as the company sought to implement a new enterprise agreement which sought to alter the terms and conditions of employment for its workers. The Commission was tasked with determining whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the collective agreement complied with the procedural prerequisites and substantive standards for approval under the Act. This included assessing whether the agreement was made in good faith, whether it contained the required minimum terms, and whether it was consistent with the relevant industrial instruments. The Commission also had to consider whether the agreement had been subject to the appropriate bargaining process and whether the employees had been adequately informed and consulted.

The Commission found that the agreement was procedurally sound, having been made in good faith and after proper consultation with the employees. The agreement was also found to include all the required minimum terms and was consistent with the relevant industrial instruments. The Commission was satisfied that the company had followed the appropriate bargaining process and that the employees had been adequately informed and consulted. Accordingly, the Commission approved the Ultrafloor (aust) Pty Ltd Collective Agreement 2017.

The Commission ordered that the Ultrafloor (aust) Pty Ltd Collective Agreement 2017 be approved and registered with the Fair Work Commission. The agreement was to come into effect from the date of the Commission's decision and would replace any previous enterprise agreement between the parties. The company and its employees were bound by the terms of the approved agreement and were required to comply with its provisions.

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