Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2418)

CLEANWORX SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2024 - 2027

Cleaning services
COMMISSIONER LEE	MELBOURNE, 24 JULY 2025

Application for approval of the CLEANWORX SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CLEANWORX SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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.

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 31 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the CLEANWORX SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027. The application was made under section 235 of the Fair Work Act 2009. The CFMEU argued that the agreement was appropriate for registration as it met the criteria for a single-enterprise agreement and reflected a fair balance of interests.

The central legal issue before the Commission was whether the proposed agreement was a genuine enterprise agreement and whether it complied with the requirements set out in the Fair Work Act. Specifically, the Commission had to determine if the agreement was made in good faith, provided for a fair balance of rights and obligations, and was appropriate for registration. The Commission also had to ensure that the agreement did not discriminate against employees or contravene any other provisions of the Fair Work Act.

After examining the evidence and submissions presented, the Commission found that the proposed agreement was indeed a genuine enterprise agreement. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for a fair balance of rights and obligations between the parties. The Commission also concluded that the agreement was appropriate for registration as it met the requirements of the Fair Work Act and did not contravene any other provisions. The Commission noted that the agreement contained provisions that addressed the specific needs and concerns of both employers and employees in the cleaning industry.

Accordingly, the Commission approved the CLEANWORX SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027 for registration. The agreement will now be registered under the Fair Work Act and will apply to the employees and employers covered by the agreement for the specified period.

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