DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2019/662)

GREENVIEW CONSTRUCTION CLEANING SERVICES PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 MARCH 2019

Application for approval of the Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2019 (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 28 March 2019. The nominal expiry date of the Agreement is 1 August 2019.

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 a collective agreement between Greenview Construction Cleaning Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions outlined in the proposed 2019 collective agreement, specifically focusing on the employment conditions of workers engaged by Greenview.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the fairness and appropriateness of the terms and conditions set out in the agreement. The CFMEU argued that the agreement provided fair and reasonable terms for the employees, while Greenview contended that certain provisions were unreasonable and not in line with industry standards.

In delivering its decision, the Commission examined the specific provisions of the agreement in question, considering factors such as the nature of the industry, the bargaining positions of the parties, and the terms of comparable agreements in the sector. The Commission found that, while some aspects of the agreement were contentious, the overall terms and conditions were fair and reasonable. The Commission approved the collective agreement, noting that the parties had demonstrated a genuine effort to reach a fair outcome for both employees and the employer.

The Fair Work Commission approved the Greenview Construction Cleaning Services Pty Ltd / CFMEU Collective Agreement 2019, subject to the terms and conditions as set out in the approved agreement.

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