DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1727)

CORPORATE CONSTRUCTION CLEANING PTY LTD AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 MAY 2018

Application for approval of the Corporate Construction Cleaning Pty Ltd and CFMMEU Union Collective Agreement 2018-2019.

[1] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) has applied for approval of an enterprise agreement known as the Corporate Construction Cleaning Pty Ltd and CFMMEU Union Collective Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The CFMMEU 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 CFMMEU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2018. The nominal expiry date of the Agreement is 1 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and Corporate Construction Cleaning Pty Ltd, who sought approval for their 2018-2019 Union Collective Agreement. The matter was heard in the Fair Work Commission, an Australian independent statutory tribunal with jurisdiction to hear and determine matters involving the Fair Work Act 2009 and other related legislation. The primary dispute centred on whether the proposed collective agreement met the legal requirements for approval under the Fair Work Act.

The legal issues before the Commission included whether the agreement complied with the formal requirements for approval, and whether it contained provisions that were contrary to public policy or contrary to the principles of the Fair Work Act. The Commission needed to determine if the agreement was made genuinely in the course of genuine enterprise bargaining and whether it contained any unfair provisions. Additionally, the Commission had to consider if the agreement was necessary to prevent or end an industrial action.

The Commission found that the agreement was made in good faith and during the course of genuine enterprise bargaining. The agreement did not contain any provisions that were contrary to public policy or the principles of the Fair Work Act. It was also deemed necessary to prevent or end an industrial action. The Commission concluded that the agreement met the formal requirements for approval and contained no unfair provisions. Consequently, the Fair Work Commission approved the Corporate Construction Cleaning Pty Ltd and CFMMEU Union Collective Agreement 2018-2019. This decision underscores the importance of ensuring that collective agreements adhere to legal requirements and promote fair and genuine enterprise bargaining.

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