DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/4757)

PROCLEAN BUILDING SERVICES (VIC) PTY LTD T/AS PROCLEAN AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2019 - 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 DECEMBER 2019

Application for approval of the PROCLEAN BUILDING SERVICES (VIC) PTY LTD T/As PROCLEAN 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 PROCLEAN BUILDING SERVICES (VIC) PTY LTD T/As PROCLEAN 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 27 December 2019. The nominal expiry date of the Agreement is 31 January 2020.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the recent case involving the Construction, Forestry, Maritime, Mining and Energy Union, the primary parties were the PROCLEAN BUILDING SERVICES (VIC) PTY LTD trading as PROCLEAN, and the CFMEU (Victorian Construction and General Division). The dispute centred around the application for approval of the Cleaning Enterprise Agreement 2019-2020, which was to be negotiated and implemented between the parties. The Fair Work Commission was tasked with examining whether the agreement complied with the relevant legislative requirements and if it was in the interests of the employees and the employer.

The legal issues that the court was required to decide involved several key aspects of the proposed agreement. These included whether the agreement met the standards for good faith bargaining, whether it contained provisions that were in breach of any statutory provisions, and whether it was fair and reasonable in terms of its impact on both the employees and the employer. Additionally, the court needed to assess if the agreement contained any unfair provisions that would not be in the best interests of the employees.

The court, in its reasoning, examined the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. It found that the agreement was the result of good faith negotiations between the parties, and that it contained provisions that were fair and reasonable. The court was satisfied that the agreement did not contain any unfair provisions and was in compliance with the relevant legislative standards. Consequently, the court approved the agreement, finding that it was in the best interests of both the employees and the employer. The decision highlighted the importance of ensuring that enterprise agreements are negotiated in good faith and that they meet the necessary legislative criteria for approval.

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