DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/6121)

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

Cleaning services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JULY 2021

Application for approval of the Sunrise Cleaning Services 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 Sunrise Cleaning Services 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. 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 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), I note that the Agreement covers the CFMMEU.

[3] The Agreement was approved on 23 July 2021 and, in accordance with s 54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a Subcontractors Cleaning Enterprise Agreement between Sunrise Cleaning Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The agreement sought to establish terms and conditions for subcontractors in the cleaning industry, covering periods from 2020 to 2023. The Commission was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was a "bargaining agreement" within the meaning of the Act and whether it was appropriately "certified as a single, national system agreement". Key considerations included whether the agreement covered a genuinely multi-employer bargaining group, and whether it had been genuinely negotiated between the parties. Furthermore, the Commission needed to assess whether the agreement was in the public interest and whether it provided adequate protections for employees.

The Commission found that the agreement was a genuine bargaining agreement and was appropriately certified as a national system agreement. The decision emphasised the presence of a genuinely multi-employer bargaining group and the evidence of genuine negotiations between the parties. The Commission also considered the agreement to be in the public interest, as it provided adequate protections for employees and addressed the specific needs of the cleaning industry. Consequently, the Commission approved the agreement, which will now be applicable to the subcontractors covered by the agreement.

The final orders of the Commission included the approval of the Subcontractors Cleaning Enterprise Agreement 2020-2023 between Sunrise Cleaning Services Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was to be registered with the Fair Work Commission and would apply to the specified period, providing a framework for the terms and conditions of employment for subcontractors in the cleaning industry.

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