Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 2367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/2103)

CLEAN GREEN PROFESSIONAL CLEANING SERVICES AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 JUNE 2024

Application for approval of the Clean Green Professional Cleaning Services and CFMEU (WA) Collective Agreement 2024-2027

An application has been made for approval of a greenfields agreement known as the Clean Green Professional Cleaning Services and CFMEU (WA) Collective Agreement 2024-2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s 53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Applicant has opted to rely on the National Employment Standards (NES) precedence clause at clause 5.2 of the Agreement to address an issue regarding clause 42.7 of the Agreement. That clause provides that the employer and employees may agree to substitute another day for any other public holiday. This appears to be inconsistent with s 115 (3) of the Act, which provides for agreement with an employee.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 3 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for the Clean Green Professional Cleaning Services and CFMEU (WA) Collective Agreement 2024-2027. The agreement was subject to scrutiny by the Fair Work Commission, which was tasked with determining whether the collective agreement met the requirements of the Fair Work Act 2009. The central issue before the Commission was whether the agreement contained provisions that were contrary to the public interest or which would have an adverse effect on the financial viability of the employer.

The Commission examined the provisions of the agreement and considered whether they complied with the relevant sections of the Act. It assessed whether the agreement included any provisions that would unduly restrict the employer's ability to manage its business or that would have a detrimental impact on the employer's financial position. The Commission also considered whether the agreement contained any terms that were inconsistent with the overarching objectives of the Fair Work Act, including the promotion of cooperative workplace relations and the maintenance of a fair and efficient workplace system.

In its decision, the Commission found that the agreement did not contain any provisions that were contrary to the public interest or that would have an adverse effect on the financial viability of the employer. The Commission was satisfied that the agreement was consistent with the principles of the Act and would promote cooperative workplace relations. Accordingly, the Commission approved the agreement, subject to certain modifications to address minor technical issues. The modifications did not alter the substance of the agreement or affect its overall compliance with the Act.

The Commission's approval of the agreement was subject to the parties lodging a certified copy of the approved agreement with the Registrar of the Fair Work Commission within 28 days of the decision. The decision provides clarity for employers and employees in the cleaning industry, ensuring that the terms of the agreement are consistent with the requirements of the Act and will promote a fair and efficient workplace system.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established