Construction, Forestry and Maritime Employees Union

[2025] FWCA 1364

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1093)

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

Cleaning services
DEPUTY PRESIDENT BELL	MELBOURNE, 24 APRIL 2025

Application for approval of the ESICON 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 ESICON 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) of the Act I note that the Agreement covers the organisation.

The Agreement was approved on 24 April 2025 and, in accordance with s.54 of the Act, will operate from 01 May 2025. The nominal expiry date of the Agreement is 02 July 2027.

DEPUTY PRESIDENT

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) and ESICON PTY LTD jointly applied for the approval of the ESICON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027. The application was made under section 233 of the Fair Work Act 2009. The union and the employer sought to have the proposed agreement registered as a single, national, registered agreement. The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act for registration as a single, national, registered agreement.

The Commission examined the application to determine if the proposed agreement contained all the mandatory terms and conditions as required by the Fair Work Act. The Commission considered the fairness of the agreement, including the balance of rights and obligations, and whether it provided for a fair and equitable outcome for both parties. Additionally, the Commission assessed whether the agreement adhered to the provisions of the Fair Work Act and if it complied with the relevant industrial laws. The Commission also evaluated whether the agreement was consistent with the principles of enterprise bargaining and whether it addressed the needs of the workforce in a fair and reasonable manner.

Upon reviewing the application and the proposed agreement, the Commission found that the agreement met all the legal requirements for registration. The agreement provided for a fair and equitable outcome for both the employer and the employees. The Commission concluded that the proposed agreement contained all the necessary mandatory terms and conditions, and it adhered to the relevant industrial laws. The Commission approved the application and registered the ESICON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027 as a single, national, registered agreement under section 233 of the Fair Work Act. The agreement will now be in effect from the date of registration and will govern the employment conditions of the employees covered by the agreement for 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