Construction, Forestry, Maritime, Mining and Energy Union Summary

[2021] FWCA 6371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7885)

ON SITE CLEAN GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 OCTOBER 2021

Application for approval of the On Site Clean Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as the On Site Clean Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] 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.

[4] The CFMMEU, 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) and based on its declaration, I note that the Agreement covers the CFMMEU.

[5] The Agreement was approved on 21 October 2021 and, in accordance with s 54, will operate from 28 October 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the On Site Clean Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023. The agreement was subject to scrutiny for its compliance with the Fair Work Act 2009, specifically concerning its provisions on employee entitlements, wage rates, and conditions of employment. The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act, including ensuring it did not disadvantage employees and that it was made in good faith.

The Commission considered the provisions of the agreement in light of the statutory requirements, focusing on whether the agreement provided for fair and reasonable terms and conditions of employment. It examined the wage rates, the provisions for leave and other entitlements, and the process for resolving disputes. The Commission also evaluated whether the agreement was made in good faith, taking into account the bargaining positions of the parties and the terms of the agreement. Ultimately, the Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and was made in good faith. It approved the agreement, finding that it met the necessary criteria for approval under the Fair Work Act.

The Commission’s decision was grounded in the principles of fairness and good faith bargaining, ensuring that the agreement did not disadvantage employees and that it was made in an environment conducive to fair negotiations. By approving the agreement, the Commission recognised the need to balance the interests of employers and employees, providing a framework for employment that was both equitable and reflective of the bargaining process. The approval of the agreement was a recognition of the parties' ability to negotiate terms that met the statutory requirements for enterprise agreements under the Fair Work Act.

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