DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5579)

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

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2016

Application for approval of the Jace Cleaning Services 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 Jace Cleaning Services 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 22 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

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 the Jace Cleaning Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The application was made by the union on behalf of its members who were employees of Jace Cleaning Services Pty Ltd. The dispute centred on whether the enterprise agreement complied with the relevant legislative requirements and was made in good faith.

The primary legal issues the Fair Work Commission needed to determine were whether the enterprise agreement met the statutory prerequisites for approval and whether it was made in accordance with the provisions of the Fair Work Act. This involved assessing whether the agreement contained all the mandated terms and conditions, whether it had been fairly negotiated, and whether it complied with the good faith bargaining requirements. The commission also needed to consider any submissions or objections raised by the employer or other interested parties.

In reaching its decision, the Fair Work Commission examined the contents of the enterprise agreement and the processes that led to its formation. It considered the evidence presented regarding the negotiation process, the extent of consultation between the parties, and any objections raised by the employer. The commission determined that the agreement was comprehensive, contained all the required terms and conditions, and was the product of genuine bargaining efforts. The commission found no evidence of coercion or unfairness in the negotiation process, and it concluded that the agreement was made in good faith. Consequently, the commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The final orders of the Fair Work Commission were that the Jace Cleaning Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and the terms and conditions it contained would apply to the employees of Jace Cleaning Services Pty Ltd for the specified period.

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