Application for approval of the Pindari WA Pty Ltd Cleaning Services Enterprise Agreement 2024

[2024] FWCA 2060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Pindari Wa Pty Ltd T/A Pindari WA Pty Ltd

(AG2024/1482)

Pindari WA Pty Ltd Cleaning Services Enterprise Agreement 2024

Cleaning services
COMMISSIONER LIM	PERTH, 4 JUNE 2024

Application for approval of the Pindari WA Pty Ltd Cleaning Services Enterprise Agreement 2024

Pindari WA Pty Ltd T/A Pindari WA Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Pindari WA Pty Ltd Cleaning Services Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

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.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Agreement was approved on 4 June 2024 and, in accordance with s 54(b) and clause 3(a) of the Agreement, will operate from 2 July 2024. The nominal expiry date of the Agreement is 4 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pindari WA Pty Ltd, trading as Pindari WA Pty Ltd, has applied to the Fair Work Commission for the approval of an enterprise agreement, the Pindari WA Pty Ltd Cleaning Services Enterprise Agreement 2024. The application was made under section 185 of the Fair Work Act 2009. The Agreement is intended to cover cleaning services provided by the company. The primary legal issues the Commission was required to decide were whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the provided undertakings would cause financial detriment to employees or result in substantial changes to the Agreement. The Commission examined the terms of the Agreement and the undertakings made by the Applicant to determine compliance with the Act.

After reviewing the material provided, the Commissioner found that the Agreement met the requirements of sections 186, 187, 188, and 190 of the Act. The Commissioner was satisfied that the written undertakings provided by the Applicant would not cause financial detriment to any employee or result in substantial changes to the Agreement. The Commission also ensured that the bargaining representative's views were considered and that no objections were raised to the undertakings. Consequently, the Commissioner approved the Agreement on 4 June 2024. The Agreement will come into effect on 2 July 2024 and will remain in force until 4 June 2028, unless otherwise terminated.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established