DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/6285)

CORPORATE CLEANING SERVICES BRISBANE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the Corporate Cleaning Services Brisbane Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Corporate Cleaning Services Brisbane Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (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 2 December 2015 and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 2 July 2019.

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 (CFMEU) applied for approval of the Corporate Cleaning Services Brisbane Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019. The dispute between the CFMEU and Corporate Cleaning Services Brisbane Pty Ltd related to the terms and conditions of employment for workers in the cleaning industry. The company sought to argue that the proposed agreement did not meet the "better off overall test" and that certain provisions were not in the best interests of the employees.

The key legal issues before the Commission were whether the proposed agreement provided employees with a better outcome than they would receive under the applicable award and whether the agreement contained any provisions that were contrary to public policy or otherwise unenforceable. The CFMEU argued that the agreement provided for better pay and conditions than the relevant award and that it was in the best interests of the employees. The company, on the other hand, argued that the agreement did not provide for a better outcome for employees and that certain provisions were not in their best interests.

The Commission found that the proposed agreement did provide for a better outcome for employees than the relevant award, and that it did not contain any provisions that were contrary to public policy or otherwise unenforceable. The Commission approved the agreement, finding that it met the "better off overall test" and was in the best interests of the employees. The Commission noted that the agreement provided for improved wages and conditions, including provisions for additional leave, a penalty rate for Sunday work, and provisions for flexible work arrangements. The Commission also found that the agreement contained provisions that were in the best interests of the employees, such as provisions for dispute resolution and training and development opportunities.

The Commission approved the Corporate Cleaning Services Brisbane Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019, finding that it met the "better off overall test" and was in the best interests of the employees. The company was directed to give effect to the agreement and to take all necessary steps to ensure that it was implemented.

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