DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/2466)

DURNCO COMMERCIAL (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 2 SEPTEMBER 2020

Application for approval of the Durnco Commercial (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Durnco Commercial (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 (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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union applied for the approval of the Durnco Commercial (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022. The application was made under section 235 of the Fair Work Act 2009. The dispute concerned the terms and conditions of employment for workers in the commercial cleaning industry in New South Wales.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act and if it provided for the proper management of the workplace. This included assessing whether the agreement contained mandatory terms, prohibited content, and if it complied with the provisions regarding minimum entitlements. The Commission also had to determine if the agreement was consistent with the Fair Work Act's objectives, including facilitating higher wages and conditions through systemically higher wages and better conditions.

The Commission found that the agreement generally complied with the Fair Work Act, although it contained some provisions that were not consistent with the Act. The Commission approved the agreement subject to certain variations and conditions. The variations related to provisions concerning shift patterns, penalty rates, and redundancy entitlements. The conditions required the parties to review the agreement's operation and to report to the Commission on any issues that arose. The Commission's decision was based on its assessment of the agreement's compatibility with the Fair Work Act and its objectives.

The Commission approved the Durnco Commercial (NSW) Pty Ltd / CFMEU Collective Agreement 2019-2022 subject to certain variations and conditions. The variations related to provisions concerning shift patterns, penalty rates, and redundancy entitlements. The conditions required the parties to review the agreement's operation and to report to the Commission on any issues that arose. The decision was made in accordance with the Fair Work Act and its objectives.

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