DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies International, Australia Pty T/A Menzies International
(AG2015/5071)

MENZIES/CFMEU AGREEMENT 2015

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the Menzies/CFMEU Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Menzies/CFMEU Agreement 2015 (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 T/A Menzies International. 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 Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved Menzies International, Australia Pty T/A Menzies International, which sought approval of an enterprise agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement, as proposed, adequately met the statutory requirements set out in the Fair Work Act 2009. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the proposed Menzies/CFMEU Agreement 2015 complied with the procedural and substantive requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, and if it provided for appropriate mechanisms for resolution of workplace disputes. Furthermore, the court considered whether the agreement included all mandatory terms prescribed by the Act and if the process followed in reaching the agreement was fair and reasonable.

The court reviewed the evidence presented by Menzies International and the CFMEU, including the steps taken to negotiate the agreement and the provisions contained within it. The court found that the agreement was made in good faith and included all mandatory terms as required by law. It also determined that the process followed in negotiating the agreement was fair and reasonable, and that the agreement provided adequate mechanisms for the resolution of workplace disputes. Consequently, the court approved the Menzies/CFMEU Agreement 2015.

The court's decision was to grant approval of the Menzies/CFMEU Agreement 2015, with the final orders reflecting this determination. The court found that the agreement met all necessary legal requirements and was thus approved for implementation. This decision ensures that the agreement can be enforced between Menzies International and the CFMEU, providing a legally binding framework for their industrial relations.

Menzies International, Australia Pty T/A Menzies International

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established