Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 106

FAIR WORK COMMISSION

DECISION

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

Construction, Forestry, Mining and Energy Union
(AG2012/14225)

GALIC, ANTE T/AS LILIES CLEANING SERVICES AND THE CFMEU BUILDING AND CONSTRUCTION SITE CLEANERS AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2013

Application for approval of the Galic, Ante T/As Lilies Cleaning Services 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 Galic, Ante T/As Lilies Cleaning Services 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 16 January 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

The case involves an application by the Construction, Forestry, Mining and Energy Union (CFMEU) for approval of the CFMEU Building and Construction Site Cleaners Agreement 2011-2015 with Lilies Cleaning Services. The application was heard in the Fair Work Commission. The primary dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the application was challenged on the basis that the agreement did not meet the "better off overall test" (BOOT), which ensures that the terms of the agreement are no less favourable than the applicable award or the general industrial law.

The court had to determine if the agreement provided terms and conditions that were at least as good as those available under the relevant award or general law, and whether it met the procedural requirements set out in the Fair Work Act. The key issue was whether the terms of the agreement, particularly those related to wages, hours, and other employment conditions, were sufficiently advantageous to employees to satisfy the BOOT. The court also examined the process by which the agreement was negotiated and the extent to which it was properly endorsed by the relevant parties.

After considering the evidence and submissions from both parties, the Fair Work Commission found that the agreement did comply with the BOOT. The court was satisfied that the agreement provided terms that were at least as favourable as the applicable award and that the process for negotiating and endorsing the agreement was valid and fair. Consequently, the Commission approved the agreement, finding that it met all the statutory requirements and was in the best interests of the employees involved. The court's decision was based on a thorough analysis of the agreement's provisions and the evidence presented regarding its impact on employees. The final orders of the Commission were that the CFMEU Building and Construction Site Cleaners Agreement 2011-2015 with Lilies Cleaning Services be approved and registered as a registered agreement under the Fair Work Act.

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