DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1402)

DELUXE CLEANING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 22 JULY 2015

Application for approval of the Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Deluxe Cleaning Pty Ltd / CFMEU Collective Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction Forestry Mining and Energy Union (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction Forestry Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The parties in this case were Deluxe Cleaning Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The nature of the dispute involved the CFMEU's application for approval of a collective agreement between Deluxe Cleaning and the CFMEU, covering the period from 2015 to 2017. The matter was heard by the Fair Work Commission (FWC), Australia's workplace relations tribunal.

The legal issues central to this case revolved around the validity and appropriateness of the proposed collective agreement. The Commission had to determine whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009 (Cth). Key concerns included whether the agreement met the necessary requirements for approval, including provisions on employee entitlements, working conditions, and procedural fairness. The CFMEU argued that the agreement was fair and appropriate, while Deluxe Cleaning raised objections on certain clauses.

The FWC assessed the collective agreement in light of the statutory provisions and common law principles. The Commission concluded that while most provisions of the agreement were in line with legal standards, certain clauses did not meet the requirements for procedural fairness. The FWC found that the agreement, as a whole, was fair and appropriate for approval, but mandated modifications to specific provisions to ensure compliance with the Fair Work Act. The changes were deemed necessary to address Deluxe Cleaning's concerns about the fairness of the dispute resolution process outlined in the agreement.

The FWC approved the collective agreement with the mandated modifications, ensuring that it complied with the Fair Work Act. The modifications included clearer procedures for resolving disputes between Deluxe Cleaning and its employees, ensuring procedural fairness. The final orders required the CFMEU and Deluxe Cleaning to implement the agreed changes and submit a revised agreement to the FWC for formal approval. This decision underscores the importance of procedural fairness in collective agreements and the role of the FWC in ensuring compliance with workplace laws.

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