Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4384)

THE TRUSTEE FOR DELUXE CLEANING UNIT TRUST T-AS DELUXE CLEANING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 DECEMBER 2024

Application for approval of The Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective 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 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 12 December 2024. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by The Trustee for Deluxe Cleaning Unit Trust trading as Deluxe Cleaning Pty Ltd for the approval of a collective agreement with the Construction, Forestry and Maritime Employees Union (CFMEU). The application was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes. The central dispute was whether the proposed collective agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with statutory provisions regarding the negotiation and content of collective agreements. Specifically, the Commission had to determine if the agreement was genuinely negotiated and if it met the requirements for providing employees with pay and conditions not less favourable than those provided for in the relevant modern award. The Commission also considered whether the agreement was consistent with the general principles of the Fair Work Act, including ensuring fairness for all parties involved.

In delivering its decision, the Commission examined the evidence of genuine negotiation and the content of the agreement. The Commission found that the agreement was genuinely negotiated and that it provided employees with pay and conditions that were not less favourable than those provided for in the relevant modern award. The Commission also concluded that the agreement was consistent with the general principles of the Fair Work Act. Based on these findings, the Commission approved the collective agreement. The Commission's approval was based on the evidence presented and its assessment of the agreement's compliance with the relevant legal requirements.

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