DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4613)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 27 JULY 2016

Application for approval of the Action Cleaning Group 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 Action Cleaning Group 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 27 July 2016 and, in accordance with s.54, will operate from 3 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 case involved an application by the Australian Building and Construction Commission (ABCC) for the approval of the Action Cleaning Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The dispute arose under the Fair Work Act 2009, where the ABCC sought to ensure that the agreement was in compliance with the relevant statutory requirements. The matter was heard in the Fair Work Commission, presided over by Deputy President J G Harbison.

The central legal issue the court had to address was whether the Cleaning Enterprise Agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the court had to determine if the agreement contained all the necessary provisions, including those relating to minimum wages, penalty rates, and other employment conditions, and whether it complied with the procedural requirements for approval. The court also considered whether the agreement was fairly and appropriately negotiated and whether it provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the Cleaning Enterprise Agreement complied with the statutory requirements for approval. The court noted that the agreement contained all the necessary provisions, including minimum wages and penalty rates, and that it was the product of a process that met the procedural requirements of the Act. The agreement was deemed to be fairly negotiated and included appropriate dispute resolution mechanisms. The court concluded that the agreement met the statutory criteria and was fit for approval, thus granting the application.

In light of the above findings, the Fair Work Commission approved the Cleaning Enterprise Agreement 2016-2018 between Action Cleaning Group Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The agreement is now in effect and binding upon the parties involved, with the approval ensuring compliance with the relevant statutory requirements 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