| [2020] FWCA 1021 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry, Maritime, Mining and Energy Union
(AG2020/331)
ESICON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2019 - 2020
Building, metal and civil construction industries | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 25 FEBRUARY 2020 |
Application for approval of the Esicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019 - 2020.
[1] The Construction, Forestry, Maritime, Mining and Energy Union has made an application for approval of an enterprise agreement known as the Esicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2019 - 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
[4] The Agreement was approved on 25 February 2020 and, in accordance with s 54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 29 February 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE507229 PR717022>
- AGLC
- Construction, Forestry, Maritime, Mining and Energy Union [2020] FWCA 1021
- Case
- [2020] FWCA 1021
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, including the criteria for registrable agreements and the procedural fairness requirements. This included ensuring that the agreement had been fairly negotiated, was in writing, and met the broader public interest test. The Commission also had to consider whether the agreement complied with the relevant provisions of the National Employment Standards and other minimum entitlements.
The Commission found that the agreement was fairly negotiated and met the criteria for approval under the Act. It was satisfied that the procedural fairness requirements had been met, and that the agreement was in writing and contained all necessary details. The Commission also concluded that the agreement met the broader public interest test, including considerations of economic efficiency, productivity, and industrial peace. The agreement was found to comply with the National Employment Standards and other minimum entitlements. The Commission approved the Cleaning Enterprise Agreement 2019-2020, which will now replace the existing agreement.
The Commission's decision provides clarity for employers and employees in the cleaning industry regarding the terms and conditions of employment under the new agreement. The approval of the agreement ensures that the parties will be governed by a fair and reasonable set of terms, promoting industrial peace and economic efficiency. The decision also reinforces the importance of ensuring that enterprise agreements meet the legal requirements of the Fair Work Act.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.