DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Falls Pty Ltd T/A Blue Sky Window Cleaning and Blue Sky Rope Access
(AG2016/5553)

BLUE SKY WINDOW CLEANING ENTERPRISE AGREEMENT WA 2016

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the Blue Sky Window Cleaning Enterprise Agreement WA 2016.

[1] An application has been made for approval of an enterprise agreement known as the Blue Sky Window Cleaning Enterprise Agreement WA 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpine Falls Pty Ltd T/A Blue Sky Window Cleaning and Blue Sky Rope Access. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2016. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alpine Falls Pty Ltd, trading as Blue Sky Window Cleaning and Blue Sky Rope Access, sought approval for the Blue Sky Window Cleaning Enterprise Agreement WA 2016. The application was heard in the Fair Work Commission, where the primary issue was whether the agreement met the requirements for an enterprise agreement under the Fair Work Act 2009. The dispute centred on the negotiation process, the fairness of the terms, and the compliance with procedural standards.

The court had to determine whether the agreement was genuinely negotiated and if it adhered to the legislative requirements for approval. This included verifying the procedural fairness of the negotiation process and assessing whether the agreement contained all the mandated terms and conditions. The court also needed to ensure that the agreement did not under-cut minimum standards and was not detrimental to the employees.

The Fair Work Commission found that the negotiation process was fair and that the agreement complied with the legislative requirements. The court concluded that the agreement was appropriately negotiated and contained all necessary terms. The commission approved the agreement, noting that it did not undermine minimum standards and was in the best interest of the employees. The decision confirmed the approval of the enterprise agreement, paving the way for its implementation.

Alpine Falls Pty Ltd T/A Blue Sky Window Cleaning and Blue Sky Rope Access

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established