DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies International (Aust.) Pty. Ltd. T/A Menzies Facility Services
(AG2020/2289)

MENZIES / CFMEU ENTERPRISE AGREEMENT 2020

Cleaning services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the Menzies / CFMEU Enterprise Agreement 2020.

[1] Menzies International (Aust.) Pty. Ltd. (the Employer) has made an application for approval of an enterprise agreement known as the Menzies / CFMEU Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 September 2020 and, in accordance with s 54, will operate from 11 September 2020. The nominal expiry date of the Agreement is 1 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Menzies International (Aust.) Pty. Ltd., trading as Menzies Facility Services, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was an application for the approval of the Menzies/CFMEU Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The primary legal issues centred on whether the agreement met the statutory requirements under the Fair Work Act 2009 for enterprise agreements, including whether the agreement had been made genuinely independently of any party, and whether it provided for a fair and reasonable process for the resolution of disputes.

The Commission considered submissions from both parties, focusing on whether the agreement contained all the mandatory terms prescribed by the Act and whether it was in the best interests of the employees. The Commission also examined if the agreement provided for a fair and reasonable process for the resolution of disputes. The Commission found that the agreement satisfied the mandatory requirements of the Act, was made genuinely independently of any party, and provided for a fair and reasonable process for the resolution of disputes. The Commission also determined that the agreement was in the best interests of the employees.

Consequently, the Commission approved the Menzies/CFMEU Enterprise Agreement 2020. The approval was contingent upon the agreement being registered with the Registrar of the Fair Work Commission. The decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements and are genuinely independent and in the best interests of the employees.

Menzies International (Aust.) Pty. Ltd. T/A Menzies Facility Services

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established