DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5422)

PROCLEAN BUILDING SERVICES (VIC) PTY LTD T/AS PROCLEAN AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Proclean Building Services (Vic) Pty Ltd T/As Proclean 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 Proclean Building Services (Vic) Pty Ltd T/As Proclean 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 13 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 involved an application by the Construction, Forestry, Mining and Energy Union (CFME) and Proclean Building Services (Vic) Pty Ltd for approval of the Cleaning Enterprise Agreement 2016-2018. The application was heard in the Fair Work Commission. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) compliant agreement.

The legal issues before the Commission were whether the agreement provided a safety net of minimum wages and conditions for employees, whether it allowed for genuine flexibility and adaptability in the workplace, and whether it promoted productivity and efficiency. The Commission also needed to consider whether the agreement was made in good faith and whether it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the agreement was BOOT compliant. It found that the agreement provided a safety net of minimum wages and conditions for employees, allowed for genuine flexibility and adaptability in the workplace, and promoted productivity and efficiency. The Commission also found that the agreement was made in good faith and provided for appropriate dispute resolution mechanisms. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The final orders of the Commission were that the Cleaning Enterprise Agreement 2016-2018 be approved as a registered agreement under section 176 of the Fair Work Act 2009.

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