DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4574)

CLEANWORX SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016-2019

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

Application for approval of the Cleanworx Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Cleanworx Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2019 (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 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 matter before the Fair Work Commission involved an application for the approval of the Cleaning Enterprise Agreement 2016-2019 between Cleanworx Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). The union sought to have the agreement registered as a registered agreement under the Fair Work Act 2009, and the employer argued that certain provisions of the agreement should not be approved. The dispute was heard and determined by the Fair Work Commission.

The central legal issues for the Commission to address were whether the provisions of the agreement were compliant with the requirements of the Fair Work Act, specifically in relation to the proper negotiation of the agreement and whether any provisions unfairly disadvantaged employees. The Commission also had to consider whether the agreement contained all the mandated terms and conditions as required by the Act.

In delivering its decision, the Fair Work Commission examined the process of negotiation and the substance of the agreement. The Commission found that the agreement had been fairly negotiated and contained all the mandated terms and conditions. It determined that none of the provisions unfairly disadvantaged employees, and thus approved the agreement for registration. The Commission emphasised the importance of the agreement in providing fair and reasonable terms for employees in the cleaning industry, while also recognising the rights of employers to manage their businesses effectively.

The final orders of the Fair Work Commission were that the Cleaning Enterprise Agreement 2016-2019 between Cleanworx Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until the earlier of the parties negotiating a new agreement or the agreement expiring by operation of law.

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