DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/3517)

ALL STARS CONSTRUCTION CLEANING QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 AUGUST 2015

Application for approval of the All Star Construction Cleaning QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the All Star Construction Cleaning QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Based on the statutory declaration provided by the organisation, I am satisfied that the Construction, Forestry, Mining and Energy Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 2 July 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission (FWC) for approval of the All Star Construction Cleaning QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019. The dispute was between the CFMEU and All Star Construction Cleaning QLD Pty Ltd, and the Fair Work Commission was the court in this matter. The CFMEU sought approval for a collective agreement that covered employees of All Star Construction Cleaning QLD Pty Ltd.

The legal issues the FWC was required to decide were whether the collective agreement met the criteria for approval under the Fair Work Act 2009 (Cth). The FWC had to consider whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or registered agreements, and whether the agreement was in the interests of employees. Additionally, the FWC had to consider whether the agreement met the requirements for good faith bargaining and whether it complied with the provisions of the Fair Work Act.

The FWC found that the collective agreement met the criteria for approval. The agreement provided for terms and conditions that were no less favourable than the applicable awards or registered agreements, and the FWC was satisfied that the agreement was in the interests of employees. The FWC also found that the agreement was the product of good faith bargaining and complied with the provisions of the Fair Work Act. Therefore, the FWC approved the All Star Construction Cleaning QLD Pty Ltd and CFMEU Union Collective Agreement 2015-2019.

The FWC approved the collective agreement, which is now a registered agreement under the Fair Work Act. The agreement will apply to employees of All Star Construction Cleaning QLD Pty Ltd for the period of 2015 to 2019. The CFMEU and All Star Construction Cleaning QLD Pty Ltd can now rely on the terms and conditions set out in the approved agreement.

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