DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2885)

A & M FACILITY SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JUNE 2015

Application for approval of the A & M Facility Services Pty Ltd and the CFMEU Building and Construction Site Cleaners Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the A & M Facility Services Pty Ltd and the CFMEU Building and Construction Site Cleaners Agreement 2015 (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 (CFMEU). The Agreement is a single-enterprise agreement.

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

[3] The CFMEU 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, will operate from 16 June 2015. The nominal expiry date of the Agreement is 30 October 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Construction, Forestry, Mining and Energy Union (CFMEU) and A & M Facility Services Pty Ltd. The dispute centred around the CFMEU's application for the approval of the Building and Construction Site Cleaners Agreement 2015, which was to govern the employment conditions of cleaners employed by A & M Facility Services. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement covered a sufficient proportion of employees in the relevant industry to warrant approval. Additionally, the Commission considered whether the agreement was free from any provisions that would undermine the minimum standards set out in the National Employment Standards.

In reaching its decision, the Commission assessed the scope and coverage of the proposed agreement. It found that the agreement met the threshold for coverage, as it was supported by a significant number of employees within the relevant industry. The Commission also examined the terms of the agreement to ensure they did not contravene the minimum standards. Having found the agreement to be compliant, the Commission approved the Building and Construction Site Cleaners Agreement 2015.

Consequently, the Fair Work Commission approved the proposed agreement, confirming its compliance with the statutory requirements. This approval ensures that the agreement will govern the employment conditions of cleaners in the building and construction industry, providing a framework that balances the interests of both employers and employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established