DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4888)

INDUSTRIAL 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	MELBOURNE, 9 AUGUST 2016

Application for approval of the Industrial 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 Industrial 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 9 August 2016 and, in accordance with s.54, will operate from 16 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

This case involves an application for approval of the Cleaning Enterprise Agreement between Industrial Cleaning Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The application was made to the Fair Work Commission, which exercises its powers under section 232 of the Fair Work Act 2009. The primary dispute revolves around whether the agreement meets the statutory requirements for approval and if it complies with the Fair Work Act's standards.

The key legal issues before the court were whether the agreement was made in good faith, whether it was genuinely intended to be an enterprise agreement, and if it met the criteria for coverage, application, and operation. The court also had to consider if the agreement complied with the modern awards and if it included the minimum entitlements prescribed by the Act. Additionally, the court examined if the agreement contained terms that were outside the scope of the Act's prescribed matters.

In examining the agreement, the court assessed the evidence provided and the process through which the agreement was negotiated. It was determined that the agreement was made in good faith and was genuinely intended to be an enterprise agreement. The court found that the agreement covered all employees of Industrial Cleaning Services Pty Ltd, was applicable to the correct bargaining unit, and operated effectively. The court also confirmed that the agreement met the minimum entitlements and adhered to the modern awards. Therefore, the court approved the agreement, finding that it complied with the requirements of the Fair Work Act.

The final orders of the court were to approve the Cleaning Enterprise Agreement between Industrial Cleaning Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) for the years 2016 to 2018. The agreement was approved as meeting the statutory requirements and was registered under the Fair Work Act.

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