DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/682)

A2 CLEANING GROUP PTY LTD T/AS A2 ABSEILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 25 MARCH 2020

Application for approval of the A2 CLEANING GROUP PTY LTD T/As A2 ABSEILING and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the A2 CLEANING GROUP PTY LTD T/As A2 ABSEILING and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019 - 2020 (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 1 April 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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 A2 Cleaning Enterprise Agreement 2019-2020, between A2 CLEANING GROUP PTY LTD trading as A2 ABSEILING and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) (Victorian Construction and General Division). The union sought approval of the agreement under the Fair Work Act 2009, asserting that the agreement provided for terms and conditions of employment that were fair and better off for the employees covered by the agreement.

The central legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically whether it provided for terms and conditions that were fair and better off for the employees, and whether it complied with all relevant legislative provisions. The Commission needed to assess the fairness and better off tests as well as the compliance of the agreement with the Fair Work Act.

In considering the application, the Commission reviewed the submissions from both parties, the content of the agreement, and relevant legislative provisions. The Commission found that the proposed agreement provided for terms and conditions that were fair and better off for the employees. The agreement included provisions for wage increases, improved working conditions, and enhanced protections for employees. The Commission also found that the agreement complied with all relevant provisions of the Fair Work Act. Consequently, the Commission approved the A2 Cleaning Enterprise Agreement 2019-2020.

The Fair Work Commission approved the A2 Cleaning Enterprise Agreement 2019-2020, effective from the date of the decision. This decision ensures that the employees covered by the agreement benefit from the improved terms and conditions outlined in the agreement.

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