Construction, Forestry and Maritime Employees Union

[2024] FWCA 2111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/1870)

HYGEIA CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 11 JUNE 2024

Application for approval of the HYGEIA CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the HYGEIA CO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2024. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, acting on behalf of the employees, and Hygeia Co Pty Ltd, the employer, were the parties involved in the dispute. The matter was brought before the Fair Work Commission, where the union applied for approval of the Subcontractors Cleaning Enterprise Agreement 2020-2023. The central issue before the Commission was whether the agreement met the statutory requirements for approval, particularly in terms of ensuring that the employees' terms and conditions were fair and reasonable.

The Fair Work Commission examined the agreement to determine if it provided for fair and reasonable terms and conditions. This included assessing whether the agreement was made in good faith, whether it provided for a direct relationship between the employer and employees, and whether it was in the best interests of the employees. The Commission also considered whether the agreement provided for minimum rates of pay and conditions, and whether it adequately protected the rights of employees to be free from discrimination and to be free from unfair dismissal.

In delivering its decision, the Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and conditions, and that it was in the best interests of the employees. The Commission also found that the agreement was made in good faith and provided for a direct relationship between the employer and employees. The Commission concluded that the agreement was fair and reasonable and approved it.

The Fair Work Commission approved the Subcontractors Cleaning Enterprise Agreement 2020-2023, subject to certain conditions. These conditions included the requirement that the agreement be reviewed and amended as necessary to ensure that it continued to provide for fair and reasonable terms and conditions. The Commission also required that the employer and union provide regular reports on the operation of the agreement and that any disputes arising under the agreement be referred to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established