DECISION

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

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1728)

CONSTRUCTION CLEANING GROUP (QLD) PTY LTD T/AS SEQ CONSTRUCTION CLEANING AND CFMMEU UNION COLLECTIVE AGREEMENT 2018-2019

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

Application for approval of the Construction Cleaning Group (QLD) Pty Ltd T/As SEQ Construction Cleaning 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 Construction Cleaning Group (QLD) Pty Ltd T/As SEQ Construction Cleaning 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 matter before the Fair Work Commission was an application for approval of a collective agreement between the Construction Cleaning Group (QLD) Pty Ltd trading as SEQ Construction Cleaning and the Construction, Forestry, Maritime, Mining and Energy Union. The application arose from negotiations between the parties under the Fair Work Act 2009, seeking to establish terms and conditions for employees within the specified industry and region. The union represented the employees, while the company sought to formalise the agreement.

The legal issues before the commission centred on whether the proposed collective agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the commission needed to determine if the agreement met the necessary criteria for approval, including whether it was in the best interests of the employees and whether it adhered to the provisions of the act that govern the negotiation and approval of such agreements. Additionally, the commission had to assess whether any aspects of the agreement were contrary to public policy or could potentially undermine the integrity of the industrial relations system.

The commission examined the content of the proposed agreement, considering the balance of rights and obligations between the parties. It was noted that the agreement included provisions that aligned with the principles of the act, such as ensuring fair and equitable treatment of employees and promoting cooperative relationships between employers and employees. The commission also considered the process through which the agreement was negotiated and the extent to which it reflected the genuine and voluntary agreement of the parties. Ultimately, the commission found that the agreement met the necessary criteria and was in the best interests of the employees, and approved the application.

The final orders of the commission were to approve the Construction Cleaning Group (QLD) Pty Ltd T/As SEQ Construction Cleaning and CFMMEU Union Collective Agreement 2018-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the bargaining unit for the specified period. The commission's decision provided clarity and certainty for both the parties and the employees involved, ensuring that the terms and conditions of employment were governed by a legally recognised and approved collective 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