DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/6555)

LA TRUST (THE TRUSTEE FOR) T/AS CONSTRUCTION CLEANING VIC AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 JANUARY 2018

Application for approval of the La Trust (The Trustee for) T/As Construction Cleaning 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 La Trust (The Trustee for) T/As Construction Cleaning 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.

[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 12 January 2018. 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 the La Trust (The Trustee for) Trading as Construction Cleaning Vic and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The application was brought under section 230 of the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for approval, specifically if it facilitated improved productivity, efficiency and flexibility, while ensuring fair and reasonable terms for employees.

The legal issues before the Commission included whether the proposed agreement adequately provided for the bargaining of terms and conditions of employment and if it contained necessary safeguards to ensure it was not detrimental to the employees. The Commission also needed to determine if the agreement appropriately addressed the need for flexibility in the cleaning industry and if it provided for adequate mechanisms to resolve disputes.

In assessing the agreement, the Commission considered the potential benefits of the agreement for both employers and employees, including improved productivity and efficiency, alongside fair and reasonable terms for employees. The Commission noted that the agreement contained provisions that addressed these concerns, including a mechanism for resolving disputes that were fair and accessible to employees. The Commission also found that the agreement provided adequate safeguards to ensure it was not detrimental to employees, including provisions for minimum rates of pay and conditions. Ultimately, the Commission approved the agreement, finding that it met the criteria for approval under the 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