Construction, Forestry, Maritime, Mining and Energy Union Summary

[2022] FWCA 3815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union

(AG2022/4374)

Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2021-2023

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 31 OCTOBER 2022

Application for approval of the Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2021-2023

An application has been made for approval of an enterprise agreement known as the Greenview Construction Cleaning Services Pty. Ltd. / CFMEU Collective Agreement 2021-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union. The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 31 December 2023.

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) for the period 2021-2023. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's approval of the agreement which had been negotiated and entered into by the parties.

The primary legal issue before the Commission was whether the collective agreement complied with the provisions of the Fair Work Act. This involved assessing whether the agreement contained all the mandatory terms prescribed by the Act, whether it was in the best interests of the employees, and whether it met the requirements for good faith bargaining. The Commission also had to consider whether the agreement provided for a fair and efficient workplace, and whether it was likely to promote improved productivity, efficiency and profitability.

In delivering its decision, the Commission found that the agreement complied with all the mandatory terms and conditions required by the Act. It also found that the agreement was in the best interests of the employees, and that it had been negotiated in good faith. The Commission noted that the agreement provided for a fair and efficient workplace, and that it was likely to promote improved productivity, efficiency and profitability. The Commission approved the agreement, and it will now be binding on all employees covered by the agreement.

The Fair Work Commission approved the Greenview Construction Cleaning Services Pty Ltd / CFMEU Collective Agreement 2021-2023. The approval was based on the finding that the agreement complied with the mandatory terms of the Fair Work Act, was in the best interests of the employees, and had been negotiated in good faith. The agreement will now be binding on all employees covered by it, and will remain in effect until the end of the specified period.

Construction, Forestry, Maritime, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established