DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/346)

CLEANEX GROUP (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 FEBRUARY 2021

Application for approval of the CLEANEX GROUP (AUST) 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 CLEANEX GROUP (AUST) 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 the 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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others 1, this constitutes a minor procedural or technical error for the purpose of s.188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

[5] The Construction, Forestry, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318.

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and Cleanex Group (Aust) Pty Ltd sought approval for their enterprise agreement from the Fair Work Commission. The agreement, which was to cover the period from 2020 to 2023, was a Subcontractors Cleaning Enterprise Agreement, and the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The Commission was required to determine if the agreement met the criteria for being a single, intelligible document, and if it contained the minimum terms and conditions as stipulated by the Act.

The key legal issues before the Commission were whether the agreement was a single, intelligible document, and if it contained the necessary minimum terms and conditions. The Commission examined the agreement's structure, language, and content to determine if it met the legislative requirements. Additionally, the Commission needed to ensure that the agreement did not unfairly disadvantage any employees and that it complied with the overarching objectives of the Fair Work Act.

After careful consideration of the evidence and submissions, the Fair Work Commission found that the Subcontractors Cleaning Enterprise Agreement did indeed meet the criteria for approval. The Commission determined that the agreement was a single, intelligible document and contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission was satisfied that the agreement did not unfairly disadvantage any employees and aligned with the objectives of the Act. Consequently, the Fair Work Commission approved the Subcontractors Cleaning Enterprise Agreement 2020-2023 between the CFMEU and Cleanex Group (Aust) Pty Ltd.

No additional orders were made by the Commission beyond approving the enterprise agreement. The agreement is now in effect, governing the employment conditions for the employees covered by the agreement for the specified period.

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