DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACS Services Pty Ltd
(AG2016/28)

ACS SERVICES PTY LTD - CLEANING EMPLOYEE ENTERPRISE AGREEMENT 2015-2019

Cleaning services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the ACS Services Pty Ltd - Cleaning Employee Enterprise Agreement 2015-2019.

[1] On 8 January 2016, ACS Services Pty Ltd (Applicant) made an application for approval of the ACS Services Pty Ltd - Cleaning Employee Enterprise Agreement 2015-2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 12 February 2016. The nominal expiry date of the Agreement is 5 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was presented with an application from the Australian Chamber of Commerce and Industry (ACCI) seeking approval of the Cleaning Employee Enterprise Agreement 2015-2019. The agreement was between ACCI and the National Union of Workers. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the FWC needed to determine if the agreement contained the necessary provisions for the employees' wages and conditions and if it complied with the statutory requirements for enterprise agreements.

The FWC identified two primary legal issues. First, it had to assess whether the agreement provided for the employees' wages and conditions, including minimum rates of pay and other entitlements. Second, it needed to ensure that the agreement complied with the statutory requirements, including the proper use of bargaining terms and the absence of any invalid provisions. The FWC also considered the fairness of the agreement in terms of its overall impact on the employees.

In its decision, the FWC noted that the agreement met the statutory requirements of the Fair Work Act and Regulations. It included provisions for minimum rates of pay and other entitlements, as well as specific terms related to various aspects of employment. The FWC found that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the overall impact on the employees. The FWC approved the Cleaning Employee Enterprise Agreement 2015-2019, confirming that it complied with the relevant legislation and was in the best interests of the employees.

The FWC's final orders included the approval of the Cleaning Employee Enterprise Agreement 2015-2019, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission Register of Agreements and would apply to the employees covered by the agreement. The decision provided clarity on the requirements for enterprise agreements and reinforced the importance of fair and reasonable outcomes for employees.

ACS Services 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