DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4794)

THE TRUSTEE FOR ALLSTARS CONSTRUCTION CLEANING DISCRETIONARY TRUST T/AS ALLSTARS CONSTRUCTION CLEANING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2020–2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2021

Application for approval of The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has made an application for approval of an enterprise agreement known as The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD Pty Ltd and CFMEU Union Collective Agreement 2020–2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement. 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.

[2] 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 30 April 2021 and, in accordance with s 54, will operate from 7 May 2021. The nominal expiry date of the Agreement is 31 December 2022.

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 approval of a collective agreement between The Trustee for Allstars Construction Cleaning Discretionary Trust, trading as AllStars Construction Cleaning QLD Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The union sought approval for the terms of their collective agreement, which covered the period from 2020 to 2022. The primary focus of the dispute was to ensure that the agreement complied with the relevant industrial relations legislation and that it was fair and reasonable for all parties involved.

The legal issues that the Fair Work Commission was required to decide centred around whether the collective agreement met the statutory requirements under the Fair Work Act 2009. This involved assessing whether the agreement covered the appropriate bargaining unit, whether it contained terms that were necessary to protect employees' rights and interests, and whether the process by which the agreement was negotiated was fair and transparent. Furthermore, the Commission had to determine if the agreement met the statutory "better off overall test" (BOOT), ensuring that the employees would be better off overall under the agreement compared to the applicable award or registered agreement.

The Fair Work Commission found that the collective agreement was fair and reasonable and met all statutory requirements. The Commission confirmed that the agreement was negotiated in good faith and covered the appropriate bargaining unit. The terms of the agreement were deemed necessary to protect the employees' rights and interests and were found to be consistent with the overarching objectives of the Fair Work Act. Importantly, the Commission concluded that the agreement met the better off overall test, as it provided employees with improved wages, conditions, and protections compared to the applicable award or registered agreement. Consequently, the application for approval of the collective agreement was granted, and the agreement was registered.

The final orders of the Fair Work Commission were that the CFMEU Union Collective Agreement 2020–2022, as submitted, be approved and registered under the Fair Work Act 2009. This decision ensures that the employees covered by the agreement benefit from the improved terms and conditions negotiated between the union and the employer. The registration of the agreement provides legal certainty and protection for both parties and contributes to a fair and harmonious industrial relations environment.

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