DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6420)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 6 AUGUST 2021

Application for approval of the PROGRESSIVE CLEANING 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 PROGRESSIVE CLEANING 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Progressive Cleaning Pty Ltd sought approval of the Subcontractors Cleaning Enterprise Agreement 2020-2023. The application was heard in the Fair Work Commission, where the CFMEU represented cleaning subcontractors and Progressive Cleaning Pty Ltd was an employer within the cleaning industry. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and was therefore eligible for approval and registration.

The primary legal issue before the Commission was whether the agreement met the criteria for a 'single interest employer agreement' under section 223 of the Fair Work Act. The CFMEU argued that the agreement was appropriate for this classification, given that it applied to a specific subset of employers within the cleaning industry, namely those who engage subcontractors. Progressive Cleaning contended that the agreement should be classified as a'multi-enterprise agreement', which would require broader coverage and different procedural steps.

The Commission examined the nature of the bargaining and the specific terms of the agreement to determine its proper classification. It concluded that the agreement was a single interest employer agreement, as it targeted a specific subset of employers with a common interest in dealing with subcontractors. The Commission found that the agreement was appropriately narrowly tailored and met the statutory requirements for approval. As a result, the Commission approved the agreement and ordered its registration, effective from the date of the decision.

The Commission's decision was based on the specific nature of the agreement and its targeted application to a distinct group of employers. The final orders included the approval and registration of the Subcontractors Cleaning Enterprise Agreement 2020-2023, with the agreement to be in effect from the date of the decision. The Commission also noted that ongoing compliance with the Fair Work Act would be necessary 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