Construction, Forestry, Mining and Energy Union

[2014] FWCA 4361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2014/6512)

CLEANEX GROUP (AUST) 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 JULY 2014

Application for approval of the Cleanex Group (Aust) 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 Cleanex Group (Aust) 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, 187 and 188 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 July 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 Construction, Forestry, Mining and Energy Union (CFMEU) applied to the Fair Work Commission for approval of the CFMEU Building and Construction Site Cleaners Agreement 2011-2015 with Cleanex Group (Aust) Pty Ltd. The Cleanex Group (Aust) Pty Ltd is a company in the cleaning industry and the CFMEU is a trade union representing workers in various sectors, including construction, forestry, mining, and energy. The dispute concerned the approval of an enterprise agreement that would govern the terms and conditions of employment for site cleaners employed by Cleanex Group (Aust) Pty Ltd.

The primary legal issue before the Fair Work Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained the necessary "pay and conditions" and "pay rates" provisions, and if it was "freely" and "genuinely" negotiated between the parties. The Commission also considered whether the agreement would result in employees being worse off overall and if it contained provisions that were not in the best interests of the employees.

In assessing the agreement, the Fair Work Commission examined the bargaining process, the terms and conditions of employment, and the overall impact on the employees. The Commission determined that the agreement was genuinely negotiated and contained all the required "pay and conditions" and "pay rates" provisions. The Commission also found that the agreement would not result in employees being worse off overall and that it was in the best interests of the employees. Consequently, the Fair Work Commission approved the CFMEU Building and Construction Site Cleaners Agreement 2011-2015 with Cleanex Group (Aust) Pty Ltd.

The Fair Work Commission approved the CFMEU Building and Construction Site Cleaners Agreement 2011-2015 with Cleanex Group (Aust) Pty Ltd. The Commission's decision was based on the findings that the agreement was genuinely negotiated, contained all the necessary provisions, and would not result in employees being worse off overall. The approval of the agreement ensures that the terms and conditions of employment for site cleaners employed by Cleanex Group (Aust) Pty Ltd are governed by a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established