Construction, Forestry, Mining and Energy Union

[2013] FWCA 2316

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2013/866)

NETCLEAN AUSTRALIA PROPERTY SERVICES PTY LTD/CFMEU COLLECTIVE AGREEMENT 2012-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 APRIL 2013

Application for approval of the Netclean Australia Property Services Pty Ltd/CFMEU Collective Agreement 2012-2014 .

[1] An application has been made for approval of an enterprise agreement known as the Netclean Australia Property Services Pty Ltd/CFMEU Collective Agreement 2012-2014 (the Agreement). The application was made by the Construction, Forestry, Mining and Energy Union pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 26 April 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Netclean Australia Property Services Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The nature of the dispute was an application for approval of the Netclean Australia Property Services Pty Ltd/CFMEU Collective Agreement 2012-2014. The court handling this case was the Fair Work Commission, a tribunal with specific expertise in labour law. The CFMEU applied to the Commission for the approval of the collective agreement, which was intended to regulate the employment terms and conditions of employees within the scope of the agreement.

The legal issues the court was required to decide included whether the collective agreement met the statutory requirements for approval, including whether it was made in good faith and whether it complied with the provisions of the Fair Work Act 2009. The court also had to consider whether the agreement was in the best interests of the employees and whether the process by which the agreement was made was fair and reasonable. The Commission examined the application, the submissions made by the parties, and the relevant provisions of the Fair Work Act.

The court found that the collective agreement met the statutory requirements for approval. The Commission determined that the agreement was made in good faith, was in the best interests of the employees, and complied with the provisions of the Fair Work Act. The court considered the evidence presented by the parties and found that the process by which the agreement was made was fair and reasonable. The Commission approved the collective agreement, which became legally binding on the parties involved. The court emphasised the importance of ensuring that collective agreements are made in good faith and are in the best interests of the employees, and that the process by which they are made is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established