DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union-Victoria Branch
(AG2016/5387)

IROCK FINISHES TRUST T/AS IROCK FINISHES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CLEANING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the Irock Finishes Trust T/As Irock Finishes 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 Irock Finishes Trust T/As Irock Finishes 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 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry, Mining and Energy Union-Victoria Branch, along with the Irock Finishes Trust trading as Irock Finishes, applied for the approval of the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018. The agreement in question pertains to the terms and conditions of employment for cleaning employees within the specified industry sector. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included assessing whether the agreement had been made in accordance with the requirements of the Fair Work Act, specifically whether it was a genuine enterprise agreement and whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the Commission considered whether the agreement was fair and whether it had been appropriately negotiated.

The Commission found that the agreement had been made in good faith and that it contained all the prescribed minimum terms and conditions. The Commission also determined that the agreement was fair, taking into account the economic and social context of the industry and the bargaining positions of the parties. The Commission was satisfied that the agreement had been appropriately negotiated, with the union and employer having engaged in genuine discussions and reaching a mutually acceptable outcome. As a result, the Commission approved the agreement, enabling it to be registered with the Fair Work Commission and enforced as a binding legal document between the parties.

The final orders of the Commission were that the CFMEU (Victorian Construction and General Division) Cleaning Enterprise Agreement 2016-2018 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of registration and would remain in force until superseded by a new enterprise agreement or terminated in accordance with the Fair Work Act.

Construction, Forestry, Mining and Energy Union-Victoria Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established