DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5269)

STAR CLEANING SERVICE PTY LTD T/AS STAR CLEANING SERVICE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016 -2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 AUGUST 2016

Application for approval of the STAR CLEANING SERVICE PTY LTD T/As STAR CLEANING SERVICE 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 STAR CLEANING SERVICE PTY LTD T/As STAR CLEANING SERVICE 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 6 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 case involved an application for the approval of the STAR CLEANING SERVICE PTY LTD Trading As STAR CLEANING SERVICE and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The matter was heard in the Fair Work Commission, with the application brought by the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed enterprise agreement should be approved and registered by the Commission, given the specific conditions and terms it contained.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and whether it adhered to the process requirements for enterprise agreements. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and if it complied with the provisions for good faith bargaining.

In delivering its decision, the Commission considered the arguments from both parties and examined the contents of the agreement. It determined that the agreement was fairly negotiated and met the statutory requirements for approval. The Commission noted the importance of the agreement in addressing specific workplace issues and providing for reasonable terms and conditions. Consequently, the Commission approved the agreement, finding that it was in compliance with the relevant legislative provisions and met the necessary criteria for registration.

The Fair Work Commission approved the STAR CLEANING SERVICE PTY LTD Trading As STAR CLEANING SERVICE and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The agreement was registered, effective from the date of the Commission's decision. This outcome allowed the terms and conditions set out in the agreement to apply to the employees covered by it, providing a framework for their employment and working conditions.

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