DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/4403)

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

Cleaning services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2021

Application for approval of the Star Cleaning Service 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 Star Cleaning Service 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. 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.

[2] The Agreement was approved on 6 April 2021 and, in accordance with s 54, will operate from 13 April 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 the Star Cleaning Service Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023. The applicant union submitted that the agreement was suitable for registration and approval under the Fair Work Act 2009. The applicant employer did not oppose the application but expressed concerns regarding the application of the agreement to its employees. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement was made in good faith, whether it contained only matters that could be the subject of an enterprise agreement, and whether it provided for the resolution of disputes and the protection of employees. The Commission also had to consider the views of the employer and the union regarding the application of the agreement to the employer's employees.

In considering the matter, the Commission noted that the agreement was made in good faith and contained only matters that could be the subject of an enterprise agreement. The Commission also found that the agreement provided for the resolution of disputes and the protection of employees. The Commission accepted the union's submission that the agreement was suitable for registration and approval, despite the employer's concerns regarding the application of the agreement to its employees. The Commission concluded that the agreement met the criteria for approval under the Fair Work Act.

The Fair Work Commission approved the Star Cleaning Service Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2020-2023. The Commission found that the agreement met the requirements for approval under the Fair Work Act, including good faith, dispute resolution, and employee protection. The Commission also accepted the union's submission that the agreement was suitable for registration and approval, despite the employer's concerns regarding the application of the agreement to its employees. The Commission's decision was based on the evidence and submissions presented to it, and the Commission was satisfied that the agreement was in the best interests of the employees covered by it.

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