DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wall & Floor Solutions Pty Ltd
(AG2020/1531)

WALL AND FLOOR SOLUTIONS PTY LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JULY 2020

Application for approval of the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2020.

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

[2] The Employer has provided written undertakings dated 27 June 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On – Site Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

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

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. The nominal expiry date of the Agreement is 1 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wall & Floor Solutions Pty Ltd was the subject of an application for the approval of the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2020. The application was heard by the Fair Work Commission (FWC). The dispute arose from the negotiation of the agreement, which sought to govern the employment conditions of the company's employees. The company and the union representing the employees had engaged in negotiations, but a resolution could not be reached. The union subsequently applied to the FWC for the approval of the proposed agreement.

The primary legal issues before the FWC were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith. The FWC had to determine if the agreement was appropriately negotiated and whether it offered a fair balance of rights and obligations between the employer and the employees.

In reaching its decision, the FWC examined the evidence provided by both parties, including the negotiation process and the content of the proposed agreement. The FWC found that the agreement provided for all the mandated minimum terms and conditions and was made in good faith. The FWC concluded that the agreement was appropriately negotiated and struck a fair balance between the rights and obligations of both the employer and the employees. Accordingly, the FWC approved the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2020.

The FWC's final order was the approval of the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2020, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would apply to the employees of Wall & Floor Solutions Pty Ltd, governing their employment relationship going forward.

Wall & Floor Solutions 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