DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies International, Australia Pty Ltd
(AG2018/1925)

MENZIES/ CFMEU AGREEMENT 2018

Cleaning services
COMMISSIONER LEE	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Menzies / CFMEU Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Menzies / CFMEU Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menzies International, Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 7.2 and 19.2 – Annual Leave
● Clause 19.8 – Compassionate Leave

However, noting clause 19.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2018. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Menzies International, Australia Pty Ltd applied for the approval of the Menzies / CFMEU Agreement 2018. The Agreement was intended to cover employees of Menzies International in the transport, warehousing, and logistics industries. The Australian Council of Trade Unions (ACTU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) were the parties that negotiated and proposed the agreement.

The central legal issue before the Court was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This required the Court to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the requirements for its approval. The Court also had to consider whether the agreement had been fairly and genuinely negotiated between the parties, and whether it was in the best interests of the employees covered by the agreement.

The Court found that the Menzies / CFMEU Agreement 2018 was fair and reasonable, and that it complied with all the requirements for its approval. The Court found that the agreement had been genuinely negotiated between the parties, and that it provided for a range of terms and conditions that were fair and reasonable for the employees covered by the agreement. The Court also found that the agreement was in the best interests of the employees, as it provided for a range of protections and benefits that were not otherwise available to them. The Court approved the Menzies / CFMEU Agreement 2018, subject to certain conditions and modifications.

Menzies International, Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established