Ultrafloor (aust) Pty Ltd

[2014] FWCA 4802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ultrafloor (aust) Pty Ltd
(AG2014/1620)

ULTRAFLOOR (AUST) PTY LTD COLLECTIVE AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2014

Application for approval of the Ultrafloor (aust) Pty Ltd Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ultrafloor (aust) Pty Ltd Collective Agreement 2014 (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 Applicant). The Agreement is a single-enterprise agreement.

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

[3] Fair Work Commission received correspondence dated 14 July 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Factory Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Australian Workers’ Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ultrafloor (aust) Pty Ltd was the subject of an application for approval of the Ultrafloor (aust) Pty Ltd Collective Agreement 2014. The applicant sought approval of the agreement under the Fair Work Act 2009. The respondent, the Australian Building and Construction Commission, opposed the application. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements of the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it provided for the proper management and administration of the workplace, and whether it adhered to the Fair Work Act’s objectives and principles. The Commission also needed to consider whether the agreement was fair and reasonable for all parties involved.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission concluded that the agreement was made in good faith and provided for the proper management and administration of the workplace. The Commission also found that the agreement was fair and reasonable for all parties involved. The Commission noted that the agreement contained provisions that aligned with the objectives and principles of the Fair Work Act, including provisions for the protection of employees' rights and interests.

The Fair Work Commission approved the Ultrafloor (aust) Pty Ltd Collective Agreement 2014. The Commission found that the agreement was fair and reasonable, and complied with the requirements of the Fair Work Act. The Commission also noted that the agreement provided for the proper management and administration of the workplace and protected the rights and interests of employees. The Commission’s approval of the agreement means that it can now be registered with the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established