Construction, Forestry, Mining and Energy Union

[2013] FWCA 9072

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11466)

CCS FAMILY TRUST T/AS CONSTRUCTION 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, 19 NOVEMBER 2013

Application for approval of the CCS Family Trust T/As Construction 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 CCS Family Trust T/As Construction 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, 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 26 November 2013. 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 applicants, Construction, Forestry, Mining and Energy Union (CFMU) and the CCS Family Trust T/As Construction Cleaning Services Pty Ltd, applied to the Fair Work Commission for approval of the CFMEU Building and Construction Site Cleaners Agreement 2011-2015. The application was opposed by two other employers in the industry who argued that the proposed agreement would lead to an unsustainable increase in wages and conditions for site cleaners. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it would promote harmonious, productive and economic workplace relations.

The Commission found that the proposed agreement was reasonable and balanced, taking into account the need to maintain the competitiveness of the industry and the legitimate needs of the parties. The Commission also noted that the agreement contained provisions that were necessary to address the specific needs of site cleaners, such as provisions for flexible working arrangements and provisions to ensure that cleaners were not exposed to hazardous substances. The Commission was satisfied that the agreement would promote harmonious, productive and economic workplace relations and approved the agreement.

The Fair Work Commission approved the CFMEU Building and Construction Site Cleaners Agreement 2011-2015, subject to certain modifications to the original agreement. The modifications included changes to the penalty rates for public holidays and overtime, as well as changes to the provisions relating to shift patterns and meal breaks. The applicants and the opposing employers were given an opportunity to provide further submissions on the modifications, and the Commission was satisfied that the modified agreement met the criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established