Construction, Forestry and Maritime Employees Union

[2025] FWCA 1694

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1425)

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

Cleaning services
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2025

Application for approval of the Hygeia Co 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 Hygeia Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 May 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of the Hygeia Co Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission. The primary dispute centred around the validity and fairness of the proposed enterprise agreement, including the terms and conditions for cleaning subcontractors within the specified timeframe.

The legal issues before the court included whether the enterprise agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness and whether the agreement contained all the mandated terms and conditions. Additionally, the court had to determine whether the agreement was in the best interests of the employees and whether it adhered to the statutory requirements for fair and independent negotiation.

The Fair Work Commission found that the application satisfied the necessary procedural requirements and that the agreement was fairly and independently negotiated. The commission also concluded that the agreement was in the best interests of the employees and contained all the mandated terms and conditions as required by the Fair Work Act 2009. Based on these findings, the court approved the enterprise agreement, ensuring it would now serve as the governing contract for cleaning subcontractors in the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established