Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 8717

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/11117)

DT FACILITY SERVICES AUSTRALIA PTY LTD AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 7 NOVEMBER 2013

Application for approval of the DT Facility Services Australia 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 DT Facility Services Australia 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 14 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, the Construction, Forestry, Mining and Energy Union (CFMEU), sought approval of the CFMEU Building and Construction Site Cleaners Agreement 2011-2015. The respondent, DT Facility Services Australia Pty Ltd, opposed the application. The matter was heard in the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement, which had been made by the parties, met the criteria for approval under section 235 of the Fair Work Act. The Commission considered whether the agreement provided for a fair and efficient workplace, whether it balanced the interests of employees and employers, and whether it adhered to the principles of good faith bargaining.

The Commission found that the agreement met the criteria for approval. It balanced the interests of the parties and provided for a fair and efficient workplace. The Commission noted that the agreement included provisions for minimum rates of pay, hours of work, and leave entitlements, as well as provisions for dispute resolution and good faith bargaining. The Commission was satisfied that the agreement adhered to the principles of good faith bargaining and that it provided for a fair and efficient workplace.

The Commission approved the CFMEU Building and Construction Site Cleaners Agreement 2011-2015. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the Commission's decision until 30 June 2015, or until a new agreement was made by the parties. The decision was final and binding on the parties.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established