Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1152)

CLEANEX GROUP (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 30 APRIL 2025

Application for approval of the CLEANEX GROUP (AUST) 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 CLEANEX GROUP (AUST) 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 30 April 2025 and, in accordance with s.54 of the Act, will operate from Wednesday 7 May 2025. 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 parties involved in this case were the CLEANEX GROUP (AUST) PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute arose concerning the application for approval of the CLEANEX GROUP (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission, an Australian federal independent statutory body with the authority to make binding decisions on employment-related matters, including the approval of enterprise agreements.

The legal issues before the Commission involved determining whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement complied with the procedural requirements, whether it provided for the proper bargaining process, and whether it contained terms and conditions that were fair and reasonable. Additionally, the Commission needed to assess if the agreement adequately addressed the interests of both employers and employees and whether it met the public interest test.

In its decision, the Fair Work Commission thoroughly examined the proposed agreement. The Commission found that the agreement complied with all procedural requirements and that the bargaining process was conducted appropriately. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both parties. Furthermore, the agreement was deemed to meet the public interest test, ensuring it did not have any detrimental effects on the broader community or the economy. Consequently, the Fair Work Commission approved the CLEANEX GROUP (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027.

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