DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2927)

THE ROYAL CLEAN PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2016

Application for approval of THE ROYAL CLEAN PTY LTD and the CFMEU Building and Construction Site Cleaners Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as THE ROYAL CLEAN PTY LTD and the CFMEU Building and Construction Site Cleaners Agreement 2015 (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 16 May 2016. The nominal expiry date of the Agreement is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of an agreement between The Royal Clean Pty Ltd and the Construction, Forestry, Mining and Energy Union. The dispute was heard in the Fair Work Commission. The central legal issues were whether the agreement met the requirements for approval under the Fair Work Act 2009 and whether the application process followed the necessary procedures.

The Fair Work Commission examined whether the agreement was genuinely negotiated and whether it met the criteria for being a single, integrated, and coherent document. It also considered whether the application was properly lodged and whether there was evidence of proper consultation with the employees. The Commission determined that the agreement was genuinely negotiated and satisfied the statutory requirements for approval. The application process was found to have been correctly followed, and the evidence demonstrated proper consultation with the employees.

The Fair Work Commission approved the application for the Building and Construction Site Cleaners Agreement 2015 between The Royal Clean Pty Ltd and the Construction, Forestry, Mining and Energy Union. The decision was based on the conclusion that the agreement was genuinely negotiated, complied with the legislative requirements, and the application process was properly conducted. The agreement was thus approved, providing a framework for the terms and conditions of employment for the relevant workers.

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