DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6465)

A1 IMS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 AUGUST 2021

Application for approval of the A1 IMS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the A1 IMS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning 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.

[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] 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 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

The matter involved an application for the approval of the A1 IMS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, which is responsible for the oversight and approval of enterprise agreements in Australia. The primary parties involved were the A1 IMS PTY. LTD., an employer within the cleaning industry, and the CFMEU, a trade union representing the employees.

The legal issues before the Commission included whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved ensuring that the agreement met the criteria for being "registered" under the Act, such as covering a bargaining group and addressing the terms and conditions of employment. The Commission had to assess whether the agreement provided fair and reasonable terms for the employees, and if it adhered to the procedural requirements for its approval.

The Commission found that the agreement was fair and reasonable, and it met the necessary legal criteria for approval. The agreement was deemed to be in the best interests of the employees, considering the bargaining positions of the parties and the benefits provided. The procedural requirements were also satisfied, with the union having conducted appropriate consultation with its members and provided the necessary documentation. Therefore, the Commission approved the enterprise agreement, recognising its compliance with the Fair Work Act 2009.

As a result of the approval, the A1 IMS PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023 was registered and enforceable under the Fair Work Act 2009. The terms and conditions outlined in the agreement would govern the employment relationship between the employer and the employees for the duration of the agreement.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established