DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4670)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 AUGUST 2016

Application for approval of the KLEENPRO 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 KLEENPRO 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 the 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 2 August 2016 and, in accordance with s.54, will operate from 9 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 parties involved in this matter were the Construction, Forestry, Mining and Energy Union (CFMEU) and KLEENPRO PTY LTD, with the dispute centred around the approval of a proposed enterprise agreement. The matter was heard in the Fair Work Commission. The CFMEU sought approval for the KLEENPRO PTY LTD and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The legal issues before the court included whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically if it contained the necessary minimum entitlements, and if it was fairly negotiated.

The court examined the agreement in detail, focusing on whether it provided employees with appropriate minimum pay rates and conditions, and if it was genuinely negotiated between the parties. The court noted that the agreement included provisions for pay rates and conditions that were generally consistent with or above the minimum standards set by the relevant award. Additionally, the court found that the agreement had been fairly negotiated, with both parties participating in good faith. The court concluded that the agreement met the legal requirements for approval and granted the application for approval. The court's decision was based on the evidence presented and the legal framework provided by 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