Construction, Forestry and Maritime Employees Union Summary

[2024] FWCA 4185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4380)

GREENVIEW CONSTRUCTION CLEANING SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2024-2027

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 NOVEMBER 2024

Application for approval of the Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Greenview Construction Cleaning Services 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 6 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, representing employees in the cleaning industry, applied for the approval of a proposed collective agreement with Greenview Construction Cleaning Services Pty. Ltd. This application was to ensure the agreement's terms were fair and met the statutory requirements for minimum conditions of employment. The commission was tasked with examining the proposed terms, particularly those concerning wages, hours, and other employment conditions.

The central legal issues revolved around whether the proposed agreement met the requirements set forth in the Fair Work Act 2009, including whether it provided for fair and reasonable terms of employment, and whether it complied with the prescribed minimum terms. The commission had to consider if the agreement provided a safety net for employees, ensuring no less favourable conditions than those provided by the relevant awards or the National Employment Standards.

The commission found that the agreement provided for fair and reasonable terms and met all statutory requirements. The agreement was structured to provide for adequate wage increases, reasonable working hours, and appropriate leave provisions, which were considered fair and reasonable in the context of the industry. The commission was satisfied that the agreement provided for a safety net that was at least equal to or better than the minimum standards set by the relevant awards and the National Employment Standards. Therefore, the commission approved the application for the agreement to be registered.

Consequently, the Fair Work Commission approved the Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2024-2027, which would now be registered and legally binding on the parties involved.

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