DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/4467)

VERTICAL GROUP PTY LTD T/AS VERTICAL CLEANERS VIC AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 20 JULY 2016

Application for approval of the Vertical Group Pty Ltd T/As Vertical Cleaners Vic 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 Vertical Group Pty Ltd T/As Vertical Cleaners Vic 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 20 July 2016 and, in accordance with s.54, will operate from 27 July 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 approval of an enterprise agreement between Vertical Group Pty Ltd, trading as Vertical Cleaners Vic, and the Construction, Forestry, Mining and Energy Union (CFMEU). The enterprise agreement in question was the Cleaning Enterprise Agreement 2016 - 2018. The application was brought forward by the union, seeking to ensure that the terms and conditions of employment for the employees under the agreement met the necessary legal standards and protections as prescribed by the Fair Work Act 2009.

The primary legal issues addressed by the commission centred on whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The commission had to determine if the necessary steps were followed in the bargaining process, including the provision of relevant information to employees, and whether the agreement provided fair and reasonable terms for employees without disadvantaging them. Additionally, the commission examined if the agreement contained any unlawful content that would render it invalid.

The Fair Work Commission found that the agreement was appropriately negotiated and contained provisions that met the legal standards. The commission noted that the union had provided comprehensive information to the employees and that the agreement itself did not contain any terms that were unfair or unreasonable. The commission concluded that the agreement was properly made and contained no unlawful content, thus meeting all the requirements for approval under the Fair Work Act. As a result, the application for the approval of the Cleaning Enterprise Agreement 2016 - 2018 was successful.

The commission's decision was final, and the Cleaning Enterprise Agreement 2016 - 2018 was approved. This meant that the agreement would be legally binding on the parties involved and would govern the terms and conditions of employment for the duration specified in the agreement.

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