DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/3775)

SUNRISE 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, 7 JULY 2016

Application for approval of the Sunrise 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 the Sunrise 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 7 July 2016 and, in accordance with s.54, will operate from 14 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

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union sought approval for the Sunrise Cleaning Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The application was made under section 234 of the Fair Work Act 2009. The primary dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which covered employees in the cleaning industry employed by Sunrise Cleaning Services Pty Ltd.

The court was tasked with determining whether the agreement met the legal requirements for approval, including compliance with the provisions of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement satisfied the criteria for "better off overall" and "in the national system spirit", and whether it was free from any illegality, coercion, or discrimination. The court also needed to consider if the agreement was genuinely negotiated and whether it provided adequate protections and benefits to the employees involved.

After reviewing the evidence and submissions from both parties, the court found that the agreement met the necessary legal criteria. The agreement was deemed to provide fair and reasonable terms for the employees, and it complied with the relevant provisions of the Fair Work Act 2009. The court approved the enterprise agreement, acknowledging the balance it achieved between the interests of the employer and the employees. The decision recognised the efforts made by both parties to negotiate in good faith and the protections provided to the workforce.

The final orders included the approval of the enterprise agreement, with the effective date set as the date of the decision. The court mandated that the agreement be implemented as per the terms outlined, ensuring that all employees covered by the agreement received the benefits and protections stipulated within it.

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