DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/2611)

ESICON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JULY 2018

Application for approval of the ESICON PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the ESICON PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016 - 2018 (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 12 July 2018. The nominal expiry date of the Agreement is 30 June 2018.

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 ESICON PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016 - 2018. ESICON is a small to medium enterprise operating in the cleaning industry, while the CFMEU represents the employees. The union sought to have the agreement, which was entered into after bargaining, formally approved to ensure its enforceability. The legal issues at the heart of this case were whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions regarding good faith bargaining, coverage, and the specifics of the agreement's terms and conditions.

The Commission focused on ensuring that the agreement was made in good faith and that it covered the necessary employees and employers. It also needed to comply with the Fair Work Act's minimum standards and not include any terms that would be unfair. The court examined the bargaining process, the content of the agreement, and whether it met the statutory criteria for approval. The Commission found that the agreement was made in good faith and that it covered the intended employees and employers. It also concluded that the agreement's terms and conditions did not fall below the minimum standards set by the Fair Work Act and were fair.

After careful consideration, the Commission approved the agreement. The court found that the bargaining process was conducted in good faith and that the agreement was comprehensive and fair. The terms and conditions of the agreement were deemed to meet the requirements of the Fair Work Act, and the agreement was found to be beneficial for both parties. The final orders included the formal approval of the ESICON PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016 - 2018, making it a legally binding document between the parties.

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