Construction, Forestry, Maritime, Mining and Energy Union

Case [2020] FWCA 1274
[2020] FWCA 1274
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/466)

KLEENPRO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries

COMMISSIONER JOHNS

SYDNEY, 10 MARCH 2020

Application for approval of the KLEENPRO PTY LTD 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 KLEENPRO PTY LTD 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 17 March 2020. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

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<AE507362  PR717361>

Details
AGLC
Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 1274
Case
[2020] FWCA 1274
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and KLEENPRO PTY LTD applied for the approval of the Cleaning Enterprise Agreement 2019-2020. The CFMEU is a registered trade union representing workers in various industries, while KLEENPRO is an employer engaged in the cleaning industry. The agreement sought approval under the Fair Work Act 2009, which requires such agreements to meet specific criteria, including being in the best interests of the employees covered by the agreement.

The legal issues before the court involved whether the Cleaning Enterprise Agreement 2019-2020 met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms and conditions for employees and if it was in their best interests. Additionally, the court needed to consider whether the agreement complied with any relevant industrial laws and regulations.

The Fair Work Commission examined the evidence presented by both parties and considered the terms and conditions outlined in the Cleaning Enterprise Agreement 2019-2020. The court found that the agreement provided fair and reasonable terms and conditions for employees and was in their best interests. The court also determined that the agreement complied with the relevant industrial laws and regulations. Therefore, the Fair Work Commission approved the Cleaning Enterprise Agreement 2019-2020, allowing it to come into effect as a legally binding enterprise agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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