DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/2656)

JACE CLEANING SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the Jace Cleaning Services 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 Jace Cleaning Services 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. 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 1 April 2016 and, in accordance with s.54, will operate from 8 April 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 matter involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for the approval of the CFMEU Building and Construction Site Cleaners Agreement 2015, which was intended to govern the employment conditions for cleaners in the building and construction industry. The application was contested by Jace Cleaning Services Pty Ltd, which raised objections on several grounds, including the argument that the agreement unfairly targeted specific employers. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the court were whether the agreement was genuinely a "modern award" as defined under the Fair Work Act 2009, and whether it contained any provisions that unfairly targeted Jace Cleaning Services or any other specific employer. The CFMEU argued that the agreement was a valid modern award that appropriately reflected the needs of the industry and its workers. Jace Cleaning Services contended that certain provisions of the agreement unfairly targeted specific employers and were not in the interests of fair and efficient workplace relations.

In its decision, the Fair Work Commission found that the agreement did not unfairly target Jace Cleaning Services or any other specific employer. The Commission considered the overall purpose and content of the agreement and determined that it was genuinely a modern award that aimed to provide fair and efficient workplace relations. The Commission found that the provisions in question were not unreasonable or unfair, and that they were necessary to achieve the agreement's objectives. Consequently, the Commission approved the CFMEU Building and Construction Site Cleaners Agreement 2015 as a modern award.

The Fair Work Commission approved the CFMEU Building and Construction Site Cleaners Agreement 2015 as a modern award, dismissing Jace Cleaning Services' objections. The Commission's decision confirmed that the agreement was not unfairly targeting any specific employer and that it was appropriate to govern the employment conditions for cleaners in the building and construction industry.

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