Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 666

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/344)

STAR CLEANING SERVICE PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS SUBCONTRACTORS ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 FEBRUARY 2022

Application for approval of the STAR CLEANING SERVICE PTY. LTD. and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Subcontractors Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the STAR CLEANING SERVICE PTY. LTD. and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Subcontractors Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

The Construction, Forestry, Maritime, Mining and Energy 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 3 March 2022. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a proposed enterprise agreement between STAR CLEANING SERVICE PTY. LTD. and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Specialised Rope Access Subcontractors Enterprise Agreement 2020-2023. The dispute was heard in the Fair Work Commission, with the Union and the company seeking to have their proposed agreement formally approved.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions of employment, was free from prohibited content, and was made in good faith. The Union argued that the agreement was comprehensive and fairly negotiated, while the company expressed support for the terms proposed.

In reaching its decision, the Commission examined the contents of the proposed agreement in detail. It found that the agreement provided for appropriate minimum terms and conditions, including provisions for wages, hours of work, and other employment-related matters. The Commission also determined that the agreement did not contain any prohibited content and was made in good faith by both parties. Based on these findings, the Commission approved the agreement, noting the importance of providing certainty and stability to the employees covered by the agreement.

The Fair Work Commission approved the proposed enterprise agreement, effective from the date of the decision. The agreement now provides the framework for the terms and conditions of employment for the employees of STAR CLEANING SERVICE PTY. LTD. covered by the agreement. The approval of the agreement is expected to bring stability and predictability to the employment relationship between the company and the employees, benefiting both parties.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established