DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/5371)

ACTION CLEANING GROUP VIC PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 JUNE 2021

Application for approval of the ACTION CLEANING GROUP VIC 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 ACTION CLEANING GROUP VIC 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 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 17 June 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Action Cleaning Group Vic Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors. The dispute centred on the application for the approval of the Subcontractors Cleaning Enterprise Agreement 2020-2023. The matter was heard by the Fair Work Commission (FWC), an Australian independent statutory body with jurisdiction to resolve workplace disputes and make binding decisions on various employment matters.

The legal issues before the FWC were whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act 2009 and if it provided for the fair and equitable treatment of employees. This included assessing if the agreement was genuinely negotiated and if it contained the necessary minimum terms and conditions for the employees.

In its decision, the FWC examined the evidence provided by both parties and the provisions of the proposed agreement. The FWC found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. Furthermore, the FWC determined that the proposed agreement was fair and reasonable, providing for the equitable treatment of employees. Consequently, the FWC approved the Subcontractors Cleaning Enterprise Agreement 2020-2023.

The FWC's approval of the agreement meant that it would now be a legally binding enterprise agreement between Action Cleaning Group Vic Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. This decision ensured that the employees covered by the agreement would receive the protections and entitlements outlined in the approved 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