DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2016/652)

THE TRUSTEE FOR DELUXE CLEANING UNIT TRUST T-AS DELUXE CLEANING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2016 - 2017

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

Application for approval of The Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as The Trustee for Deluxe Cleaning Unit Trust t-as Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2016 - 2017 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] 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 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union (CFME) sought approval for the Deluxe Cleaning Pty Ltd 2016 - 2017 Collective Agreement. The trustee for the Deluxe Cleaning Unit Trust opposed the approval, contending that the agreement contained terms that were not in the best interests of the employees. The central legal issue was whether the terms of the agreement, particularly those concerning the use of labour hire workers, were in the employees' best interests. The CFMEU argued that the terms were fair and balanced, providing necessary protections for employees. The trustee argued that the terms were overly restrictive and would negatively impact the business's flexibility and competitiveness.

The Commission examined the terms of the agreement in detail, considering the implications for both the employees and the business. It found that while the use of labour hire workers was a contentious issue, the agreement did provide reasonable protections for employees, such as ensuring that labour hire workers were paid at least the same rate as directly employed workers. The Commission also noted that the agreement contained provisions for good faith bargaining and dispute resolution, which were in the employees' best interests. After weighing these factors, the Commission concluded that the agreement, despite some contentious terms, was overall in the best interests of the employees.

The Commission approved the agreement, noting that while some terms were restrictive, they were balanced by other provisions that protected employees' rights and interests. The Commission emphasised the importance of the agreement's provisions for good faith bargaining and dispute resolution, which it found to be in the employees' best interests. The trustee's opposition was dismissed, and the agreement was approved as meeting the requirements of the Fair Work Act.

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