DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1154)

THE TRUSTEE FOR DELUXE CLEANING UNIT TRUST T-AS DELUXE CLEANING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2018

Application for approval of The Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 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 23 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, The Trustee for Deluxe Cleaning Unit Trust trading as Deluxe Cleaning Pty Ltd, sought approval for a collective agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was heard in the Fair Work Commission, where the central issue was whether the proposed agreement complied with the relevant industrial legislation. The court needed to determine if the agreement was fair and compliant with the provisions of the Fair Work Act 2009.

The primary legal issues revolved around whether the terms of the collective agreement were consistent with the requirements of the Fair Work Act, particularly concerning the bargaining process, the terms and conditions of employment, and the fairness of the agreement. The court examined whether the agreement was genuinely negotiated, if it met the standards of procedural fairness, and if the terms were reasonable and equitable for both parties.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court concluded that the bargaining process was fair and that the terms of the agreement were reasonable. The court found that the applicant had demonstrated that the agreement was genuinely negotiated and that it adhered to the standards set out in the Fair Work Act. Consequently, the court granted the approval sought by the applicant for the CFMEU Collective Agreement 2018.

The Fair Work Commission ordered that the CFMEU Collective Agreement 2018 be approved and registered under the Fair Work Act. This decision ensures that the agreement will be legally binding and enforceable between the applicant and the CFMEU.

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