DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2580)

CORPORATE CONSTRUCTION CLEANING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 JULY 2017

Application for approval of the Corporate Construction Cleaning Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Corporate Construction Cleaning Pty Ltd and CFMEU Union Collective Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2017. The nominal expiry date of the Agreement is 2 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Full Bench of the Fair Work Commission involved an application for the approval of a collective agreement between Corporate Construction Cleaning Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU). The union sought to have the agreement, which aimed to regulate employment terms and conditions within the construction industry, formally recognised and enforced. The application was lodged in light of the union's contention that the collective agreement was negotiated in good faith and was fair and reasonable for the purposes of the Fair Work Act 2009.

The primary legal issues for determination were whether the collective agreement had been genuinely negotiated in good faith and whether the terms of the agreement were fair and reasonable. The Commission needed to assess if the agreement met the criteria for approval as stipulated under the Fair Work Act, specifically considering the balance of power between the parties, the terms of the agreement, and whether it promoted harmonious, productive, and cooperative workplace relations.

The Full Bench found that the collective agreement had indeed been negotiated in good faith and contained terms that were fair and reasonable. The Commission noted the union's extensive efforts in negotiating the agreement, the comprehensive nature of the agreement, and the consideration given to the needs and interests of both the employer and the employees. The Commission concluded that the agreement facilitated cooperative workplace relations and appropriately balanced the interests of both parties. Consequently, the Commission approved the collective agreement, ensuring its enforceability under the Fair Work Act.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established