CMC Cleaning Services (Aust.) Pty Ltd

[2013] FWCA 3116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CMC Cleaning Services (Aust.) Pty Ltd
(AG2013/1109)

CMC CLEANING SERVICES AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2013

Cleaning services
COMMISSIONER WILSON	MELBOURNE, 17 MAY 2013

Application for approval of the CMC Cleaning Services and United Voice Clean Start Union Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CMC Cleaning Services and United Voice Clean Start Union Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CMC Cleaning Services (Aust.) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The United Voice, being a bargaining representative for the Agreement, 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2013. The nominal expiry date of the Agreement is 1 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CMC Cleaning Services (Aust.) Pty Ltd sought approval from the Fair Work Commission for a collective agreement negotiated with the United Voice Clean Start Union. The agreement sought to govern the terms and conditions of employment for employees within the cleaning industry, including wages, hours of work, and other employment-related matters. The dispute centred on whether the proposed terms of the agreement were in the best interests of the employees and whether they complied with relevant industrial laws.

The primary legal issue before the Commission was whether the collective agreement met the requirements of the Fair Work Act 2009, specifically sections 234 and 235, which require that a registered agreement must not provide for terms and conditions that are less favourable than the relevant award or safety net award. The Commission had to consider whether the terms and conditions proposed in the agreement were consistent with these statutory provisions and whether the agreement was fair and reasonable for the employees.

The Fair Work Commission found that the proposed agreement contained terms and conditions that were less favourable than those provided for in the Cleaning Industry Award 2010. The Commission determined that the proposed terms for wages, penalty rates, and other conditions did not comply with the safety net provisions of the Fair Work Act. Consequently, the Commission refused to approve the collective agreement. The Commission concluded that the proposed agreement did not meet the statutory requirements and was not in the best interests of the employees.

The Commission's decision was that the application for approval of the CMC Cleaning Services and United Voice Clean Start Union Collective Agreement 2013 was dismissed. The Commission's refusal to approve the agreement was based on the finding that the proposed terms and conditions were less favourable than the relevant award, thereby failing to comply with the statutory requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established