DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/412)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 3 MARCH 2020

Application for approval of the STAR CLEANING SERVICE PTY LTD T/As STAR CLEANING SERVICE 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 STAR CLEANING SERVICE PTY LTD T/As STAR CLEANING SERVICE 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 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] 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 10 March 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 STAR CLEANING SERVICE PTY LTD T/As STAR CLEANING SERVICE PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019-2020. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), sought the endorsement of the enterprise agreement which was negotiated with the employer, Star Cleaning Service Pty Ltd. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly in terms of its fairness and compliance with relevant industrial standards.

The primary legal issues addressed by the court involved assessing whether the proposed agreement satisfied the requirements of section 231 of the Fair Work Act, which mandates that an enterprise agreement must be fair. The court had to determine if the agreement provided for fair terms and conditions, was reasonably capable of promoting harmonious, productive and economic relationships between the parties, and was otherwise consistent with the provisions of the Act. Additionally, the court examined whether the agreement appropriately covered the employees, was made in good faith, and included essential minimum terms as stipulated by the Act.

In delivering its decision, the Commission highlighted that the agreement comprehensively addressed key terms and conditions of employment, including wages, hours of work, leave provisions, and other employment-related matters. The court found that the agreement was the product of genuine negotiations between the parties, and it provided for a fair and reasonable set of terms and conditions. The Commission emphasised that the agreement was comprehensive and detailed, and it included provisions that went beyond the essential minimum terms, reflecting a balanced approach to the interests of both employers and employees. Consequently, the court approved the enterprise agreement, finding it to be fair and compliant with the statutory requirements.

In conclusion, the Fair Work Commission approved the STAR CLEANING SERVICE PTY LTD T/As STAR CLEANING SERVICE PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019-2020, finding it to be fair and compliant with the Fair Work Act. The Commission's decision acknowledged the thoroughness and balance of the agreement, which was deemed to promote harmonious and productive relationships between the employer and employees.

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