DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2015/270)

P & E CLEANING (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2015 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 12 MARCH 2015

Application for approval of the P & E Cleaning (Aust) Pty Ltd / CFMEU Collective Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known asthe
P & E Cleaning (Aust) 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 matter before the Fair Work Commission was an application for the approval of a collective agreement between P & E Cleaning (Aust) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment within the cleaning industry, specifically regarding the classification, remuneration, and working conditions of employees. The Fair Work Commission was tasked with determining whether the proposed agreement was fair and appropriate for the workforce involved.

The central legal issue before the Commission was whether the proposed collective agreement met the criteria for fairness as outlined in the Fair Work Act 2009. This involved scrutinising the agreement's provisions to ensure they were free from any elements that could be deemed oppressive, unfair, or discriminatory. The Commission also had to consider whether the agreement adequately protected the rights and interests of employees, particularly in light of the specific industry standards and the broader labour market conditions.

The Commission examined the proposed agreement in detail, considering its compliance with the relevant legislative framework and industry standards. The analysis included a review of the classification of roles, wage rates, and conditions of employment. The Commission concluded that the agreement was fair and appropriate, as it provided for reasonable terms and conditions that balanced the interests of both the employer and the employees. The Commission noted the parties' demonstrated commitment to negotiating in good faith and the agreement's alignment with industry benchmarks. The Commission approved the collective agreement, recognising its fairness and appropriateness for the employees involved.

The Fair Work Commission's final orders included the approval of the P & E Cleaning (Aust) Pty Ltd / CFMEU Collective Agreement 2015-2017, effective from the date of the decision. The Commission's approval ensures that the agreement will govern the employment terms and conditions for the specified period, providing a framework that is fair and just for both the employer and the employees.

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