DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/2724)

LEXY MANAGEMENT FACILITIES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 22 MAY 2015

Application for approval of the Lexy Management Facilities 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 Lexy Management Facilities 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 29 May 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 matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the Lexy Management Facilities Pty Ltd and the CFMEU Building and Construction Site Cleaners Agreement 2015. The application was contested by Lexy Management Facilities, raising objections on the basis that the proposed agreement did not comply with certain statutory requirements. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement complied with the Fair Work Act's requirements for a modern award, specifically concerning the definition of the bargaining unit and the coverage of the agreement. The Commission also had to consider whether the agreement was appropriately negotiated and whether it met the standard of being in the public interest. The Commission examined the nature of the bargaining process and the extent to which the agreement addressed the needs of both employers and employees within the specified industry.

In its decision, the Commission found that the agreement was appropriately negotiated and met the statutory requirements for a modern award. The Commission held that the definition of the bargaining unit was sufficiently clear and that the agreement covered employees in a manner consistent with the Act. The Commission also concluded that the agreement was in the public interest and would promote harmonious, productive, and cooperative workplace relations. The objections raised by Lexy Management Facilities were dismissed, and the application for approval was granted. The Commission's decision recognised the importance of the agreement in providing fair and equitable terms for employees within the building and construction site cleaning industry.

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