DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/5008)

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

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 15 AUGUST 2016

Application for approval of the MAINTENANCE 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 MAINTENANCE 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 August 2016 and, in accordance with s.54, will operate from 22 August 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 Maintenance Cleaning Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on whether it provided for the fair and efficient resolution of employment issues between the employer and the union.

The primary legal issue before the Commission was whether the agreement complied with the procedural fairness requirements stipulated in the Fair Work Act 2009. This involved examining if there was adequate consultation between the parties during the negotiation process and if the agreement adequately addressed the terms and conditions of employment for the workers covered by it. The Commission also needed to consider if the agreement was in the best interests of the employees and whether it provided a fair and efficient means of resolving workplace issues.

In delivering its decision, the Fair Work Commission emphasised the importance of genuine and meaningful consultation during the negotiation of the agreement. The Commission found that there was insufficient evidence to demonstrate that the union had genuinely consulted with its members regarding the terms of the agreement, which was a critical procedural requirement. Additionally, the Commission noted that the agreement did not adequately address several key employment issues that were relevant to the employees, including pay rates, leave entitlements, and dispute resolution mechanisms. Consequently, the Commission determined that the agreement did not meet the necessary standards for approval under the Fair Work Act 2009.

The Fair Work Commission refused the application for approval of the Cleaning Enterprise Agreement 2016-2018, highlighting the need for improved consultation practices and more comprehensive coverage of employment terms. The decision underscores the importance of adhering to procedural fairness and ensuring that enterprise agreements are in the best interests of the employees they cover.

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