DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/1411)

PROGRESSIVE CLEANING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016 - 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 MAY 2017

Application for approval of the Progressive Cleaning Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Progressive Cleaning Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016 - 2018 (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 12 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Progressive Cleaning Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The union and the employer sought the approval of the agreement under section 233 of the Fair Work Act 2009, which requires that the agreement be in the public interest and not contain provisions that are less favourable than the relevant awards or modern awards.

The key legal issues before the commission included whether the agreement was in the public interest, whether it contained terms that were less favourable than the applicable awards, and whether it complied with the procedural requirements of the Fair Work Act. The commission had to consider the broader economic and social context in which the agreement was made, including the impact on employees, employers, and the public. Additionally, the commission needed to determine whether the agreement met the threshold for being a "better off overall or as well off" (BOOT) agreement, as required by the Fair Work Act.

In its decision, the commission noted that the agreement provided for a number of improvements for employees, including wage increases, enhanced leave provisions, and better working conditions. The commission also found that the agreement was in the public interest as it provided for a stable and productive workplace. The commission concluded that the agreement was not less favourable than the relevant awards and that it met the BOOT requirement. The commission approved the agreement, highlighting the importance of collective bargaining in achieving better outcomes for employees and employers alike.

The commission ordered that the Progressive Cleaning Pty Ltd and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018 be approved and registered under section 233 of the Fair Work Act 2009. The agreement was to be effective from the date of registration and would apply to all employees covered by the agreement. The commission also ordered that the agreement be published on the Fair Work Commission’s website to ensure transparency and accountability in the industrial relations system.

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