DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5674)

A1 IMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016-2018

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2016

Application for approval of the A1 IMS 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 A1 IMS 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, 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, 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 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the A1 IMS Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The agreement aimed to regulate the terms and conditions of employment for cleaning employees of A1 IMS Pty Ltd, an entity engaged in cleaning services across various industries. The primary dispute centred around the fairness and appropriateness of the proposed agreement, with the union asserting that it provided fair and reasonable terms for the employees, while the company argued that certain provisions were overly restrictive and could hinder operational flexibility.

The court was tasked with examining several legal issues, including whether the agreement complied with the requirements of the Fair Work Act 2009. This involved assessing the agreement against the statutory criteria for enterprise agreements, such as whether it provided for a fair and reasonable outcome for employees, and whether it was free from any undue influence or coercion. Additionally, the court needed to determine if the agreement addressed the specific needs and concerns of the employees and whether it adhered to the principles of procedural fairness.

Upon reviewing the evidence and submissions from both parties, the court found that the agreement was generally fair and reasonable for the employees. It noted that the agreement included provisions that ensured fair remuneration, reasonable working hours, and appropriate conditions of employment. The court also found that the agreement had been negotiated in good faith and that the employees had been adequately represented throughout the process. Consequently, the court approved the agreement, recognising it as meeting the necessary legal standards under the Fair Work Act.

The court's final order was the approval of the A1 IMS Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018, subject to the conditions and provisions outlined in the agreement. The decision was intended to provide a balanced and fair framework for the employment of cleaning staff within the specified period, ensuring that both the employees and the employer's interests were adequately protected.

Construction, Forestry, 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