DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/5054)

LINDORES PERSONNEL NO.1 PTY LTD (CLEANING) AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 SEPTEMBER 2015

Application for approval of the Lindores Personnel No.1 Pty Ltd (Cleaning) and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Lindores Personnel No.1 Pty Ltd (Cleaning) 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 28 September 2015 and, in accordance with s.54, will operate from 5 October 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 applied for approval of the Lindores Personnel No.1 Pty Ltd (Cleaning) and CFMEU Union Collective Agreement 2015 - 2019. Lindores Personnel, a cleaning services company, opposed the application on the grounds that the agreement failed to meet the requirements of section 233 of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement satisfied the provisions of section 233 of the Act, specifically regarding the scope of the agreement, the representation of the parties, and the process by which the agreement was negotiated.

The Commission found that the agreement was within the scope of section 233 as it covered employees engaged in cleaning services. The representation of the parties was deemed adequate as the union had sufficient membership among the employees, and the negotiation process was transparent and fair. The Commission emphasised that the agreement must reflect genuine bargaining between the parties and cover matters that were part of the employment relationship. The Commission approved the agreement, noting that it met the legislative requirements and appropriately addressed the terms and conditions of employment for the relevant workforce.

The Commission's decision was grounded in its interpretation of the statutory framework and the evidence presented by both parties. The approved collective agreement now sets the terms and conditions of employment for the cleaning services employees of Lindores Personnel for the specified period. The outcome reflects the Commission's commitment to ensuring that collective agreements comply with legislative standards and promote fair and effective industrial relations.

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