DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5495)

QUALITY CLEAN VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 SEPTEMBER 2016

Application for approval of the QUALITY CLEAN VICTORIA 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 QUALITY CLEAN VICTORIA 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 16 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 Cleaning Enterprise Agreement 2016-2018 between Quality Clean Victoria Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement was submitted for endorsement under the provisions of the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Fair Work Commission to ensure they meet minimum standards and are not detrimental to the broader industrial relations system. The dispute centred on whether the agreement complied with the statutory requirements and whether it was in the best interests of the employees it covered.

The legal issues before the Commission included whether the agreement was a simple, single-enterprise agreement as defined under the Fair Work Act, and if it contained terms that met the prescribed minimum standards. Additionally, the Commission had to determine if the agreement was in the best interests of the employees it covered, and whether it adhered to the principles of good faith bargaining. The Commission also examined if the agreement was consistent with the public policy objectives of the Fair Work Act, particularly in relation to the protection of employees' rights and the promotion of fair work practices.

In reaching its decision, the Fair Work Commission carefully analysed the terms of the Cleaning Enterprise Agreement 2016-2018. The Commission found that the agreement met the statutory requirements and contained terms that met the prescribed minimum standards. It was concluded that the agreement was in the best interests of the employees and was consistent with the principles of good faith bargaining. The Commission also determined that the agreement was in line with the public policy objectives of the Fair Work Act. Given these findings, the Commission approved the Cleaning Enterprise Agreement 2016-2018.

The final orders of the Fair Work Commission were that the Cleaning Enterprise Agreement 2016-2018 between Quality Clean Victoria Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) be approved under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the Commission's decision, providing a framework for the employment conditions of the covered employees 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