DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2015/1939)

PROCLEAN BUILDING SERVICES (VIC) PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 2 MARCH 2015

Application for approval of the Proclean Building Services (Vic) Pty Ltd and the CFMEU Building and Construction Site Cleaners Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Proclean Building Services (Vic) Pty Ltd and the CFMEU Building and Construction Site Cleaners Agreement 2011-2015 (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 9 March 2015. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Proclean Building Services (Vic) Pty Ltd applied for approval of an enterprise agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU opposed the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement was a "genuine" agreement, if it complied with the "better off overall test", and whether it contained provisions that were contrary to public policy. The Commission examined the process by which the agreement was negotiated, whether the agreement was made freely without coercion, and if the benefits to employees outweighed any detriments. The Commission also assessed if any provisions were contrary to public policy, such as provisions that may have facilitated unlawful activities.

The Fair Work Commission found that the agreement was a genuine agreement that had been negotiated in good faith. The Commission determined that the agreement passed the better off overall test, as the overall benefits to employees outweighed any detriments. The Commission also found that no provisions in the agreement were contrary to public policy. Therefore, the application for approval was approved.

The Fair Work Commission approved the Proclean Building Services (Vic) Pty Ltd and the CFMEU Building and Construction Site Cleaners Agreement 2011-2015. The Commission found that the agreement was genuine, met the better off overall test, and did not contain any provisions that were contrary to public policy. The agreement was approved and will be registered with the Fair Work Commission.

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