DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4823)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MAY 2021

Application for approval of the Construction Cleaning VIC 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 Construction Cleaning VIC 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[3] The Agreement was approved on 3 May 2021 and, in accordance with s 54, will operate from 10 May 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 case before the court was an application by the Construction Cleaning VIC and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) to have their enterprise agreement approved. The application was heard by the Fair Work Commission, an Australian labour law tribunal. The agreement in question, the Construction Cleaning Enterprise Agreement 2020-2023, was contested by a number of employers who argued that it did not meet the requirements of the Fair Work Act 2009. The central legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. Specifically, the employers challenged the agreement on the basis that it failed to provide adequate protections for employees, including provisions for minimum wages and conditions, and that it did not allow for adequate consultation with employees.

In its decision, the Fair Work Commission found that the enterprise agreement did not comply with the Fair Work Act and Regulations. The Commission held that the agreement failed to provide adequate protections for employees, and that it did not allow for adequate consultation with employees. The Commission also found that the agreement did not provide for a fair and reasonable process for the resolution of disputes between employers and employees. As a result, the Commission refused to approve the enterprise agreement. The Commission emphasised the importance of ensuring that enterprise agreements provide adequate protections for employees and that they allow for meaningful consultation and dispute resolution processes. The Commission also noted that the agreement could be revised and resubmitted for approval if it addressed the identified deficiencies.

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