Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 7107

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/8697)

THE TRUSTEE FOR DELUXE CLEANING UNIT TRUST T-AS DELUXE CLEANING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2021-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 DECEMBER 2021

Application for approval of The Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2021-2023

[1] 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 2021-2023 (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.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Deluxe Cleaning Pty Ltd Collective Agreement 2021-2023, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) sought approval from the Fair Work Commission. The dispute centred on the terms and conditions of the proposed collective agreement between Deluxe Cleaning Pty Ltd and its employees, with the CFMEU representing the workers. The case was heard by the Fair Work Commission, which is tasked with overseeing industrial relations matters in Australia.

The legal issues before the Commission involved the compliance of the proposed collective agreement with the Fair Work Act 2009. Key points of contention included whether the agreement provided for fair and reasonable terms and conditions, and if it met the criteria for being a “modern award.” The Commission needed to determine if the proposed agreement was in the best interests of the employees and if it adhered to the principles of the Fair Work Act.

The Commission examined the provisions of the proposed agreement, considering its impact on the employees' working conditions, entitlements, and protections. It assessed the balance between the interests of the employer and the employees, ensuring that the agreement did not undermine the workers' rights. After thorough deliberation, the Commission concluded that the proposed agreement was fair and reasonable, and it met the necessary criteria for approval. Consequently, the Commission approved the Deluxe Cleaning Pty Ltd Collective Agreement 2021-2023.

The Fair Work Commission's final orders included the approval of the Deluxe Cleaning Pty Ltd Collective Agreement 2021-2023. This decision ensured that the agreement would be legally binding between Deluxe Cleaning Pty Ltd and its employees, providing a framework for their working relationship over the specified period. The approval was subject to the terms and conditions outlined in the agreement, which the Commission deemed to be fair and reasonable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established