DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/411)

CLEANEX GROUP (AUST) 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 CLEANEX GROUP (AUST) 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 CLEANEX GROUP (AUST) 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

In the Fair Work Commission, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) applied for approval of the Cleaning Enterprise Agreement 2019 - 2020 between CLEANEX GROUP (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was intended to cover employees of CLEANEX GROUP (AUST) PTY LTD who are employed as cleaners and general labourers. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including being in the best interests of the employees, meeting the "better off overall test" and covering the appropriate bargaining unit.

The Commission found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The agreement also met the "better off overall test", as the employees would be better off with the agreement than without it, considering the totality of the terms and conditions. The Commission also found that the agreement covered the appropriate bargaining unit, as it included employees who were employed in the cleaning and general labouring roles within CLEANEX GROUP (AUST) PTY LTD. The Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission were that the Cleaning Enterprise Agreement 2019 - 2020 between CLEANEX GROUP (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) be approved, subject to certain modifications. The modifications included changes to the agreement to ensure compliance with the Fair Work Act 2009, including the inclusion of specific provisions relating to the calculation of penalty rates and the provision of notice of termination of employment. The Commission also made orders for the registration of the agreement on the Register of Approved Agreements.

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