Construction, Forestry, Mining and Energy Union

[2014] FWCA 8142

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2014/9715)

INDUSTRIAL CLEANING SERVICES PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Industrial Cleaning Services 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 Industrial Cleaning Services 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 24 November 2014. 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

The case before the court involved an application by Industrial Cleaning Services Pty Ltd (ICS) for approval of a proposed agreement with the Construction, Forestry, Mining and Energy Union (CFMEU). The CFMEU sought to have the agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, presided over by Commissioner McCabe.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements under the Fair Work Act. Specifically, the court had to determine if the agreement contained the necessary elements as stipulated by the legislation, and whether it was in the best interests of the employees. The court also had to consider whether the agreement was fair and reasonable, taking into account the balance of power between the parties and the interests of the employees.

Commissioner McCabe concluded that the agreement met the statutory requirements and was in the best interests of the employees. The court found that the agreement contained all the necessary elements, including the terms and conditions of employment, and that it was fair and reasonable. The court also noted that the agreement provided for a fair balance of power between the parties and that it would provide employees with better protections and benefits than they would otherwise have under the Fair Work Act. The court approved the agreement, and it came into effect on 1 January 2011.

ICS and the CFMEU were directed to take all steps necessary to give effect to the agreement, including notifying all relevant parties and providing copies of the agreement to employees. The court also directed that the agreement would remain in force until 31 December 2015, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established