DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wall & Floor Solutions Pty Ltd
(AG2015/4943)

WALL AND FLOOR SOLUTIONS PTY LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wall & Floor Solutions 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 10 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wall & Floor Solutions Pty Ltd applied to the Fair Work Commission for approval of the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2015. The company argued that the agreement met the requirements of the Fair Work Act 2009. The Australian Manufacturing Workers' Union opposed the application on several grounds, including that the agreement did not appropriately address pay rates and conditions for employees. The Commission was required to determine whether the agreement met the criteria for approval under the Act, specifically whether it complied with the good faith bargaining provisions and other relevant sections.

The Commission examined the process through which the agreement was negotiated and the content of the agreement itself. It assessed whether the agreement was made in good faith and whether it covered the necessary minimum terms and conditions of employment. The Commission also considered the submissions from both parties and any relevant precedents. After careful consideration, the Commission found that the agreement did not adequately address the pay rates and conditions for employees, and therefore did not meet the statutory requirements for approval. Consequently, the application was dismissed.

The Fair Work Commission concluded that the agreement failed to appropriately cover certain pay rates and conditions, which are essential components of a valid collective agreement under the Act. The application for approval of the Wall and Floor Solutions Pty Limited Employee Collective Agreement 2015 was dismissed, and the agreement was not approved.

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