DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/479)

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

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 2 MARCH 2017

Application for approval of the Melbourne Cleaning Services (MCS) 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 Melbourne Cleaning Services (MCS) 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 2 March 2017 and, in accordance with s.54, will operate from 9 March 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 Construction, Forestry, Mining and Energy Union (CFMEU) sought approval for the Melbourne Cleaning Services (MCS) Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The application was made to the Fair Work Commission (FWC) under section 234 of the Fair Work Act 2009. The applicants sought to have the agreement approved as a modern award to replace the Cleaning Services Award 2010, which would otherwise expire on 1 July 2017. The dispute primarily centred on the interpretation of section 233 of the Act and the requirements for the approval of an enterprise agreement as a modern award.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 233 of the Act, and whether the agreement was in the public interest and fair and equitable for employees. Additionally, the Commission had to consider whether the agreement complied with the statutory requirements for modern awards, including the need for the agreement to be fair and equitable for employees and to reflect contemporary employment practices. The Commission also had to assess whether the agreement was consistent with the national minimum standards of employment.

In delivering its decision, the Commission found that the agreement met the criteria for approval as a modern award. The Commission held that the agreement was fair and equitable for employees and reflected contemporary employment practices. The Commission noted that the agreement provided for fair wages and conditions, including provisions for leave, penalty rates, and the right to request flexible working arrangements. The Commission also found that the agreement was in the public interest, as it provided for a stable and predictable industrial relations environment for employers and employees in the cleaning services industry. The Commission approved the agreement as a modern award, effective from 1 July 2017.

The Fair Work Commission approved the Melbourne Cleaning Services (MCS) Pty Ltd and the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018 as a modern award. The Commission found that the agreement met the criteria for approval under section 233 of the Fair Work Act 2009, and that it was fair and equitable for employees, consistent with the national minimum standards of employment, and in the public interest. The agreement will replace the Cleaning Services Award 2010 from 1 July 2017.

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