Assetlink Services Pty. Ltd. T/A Assetlink Summary

[2024] FWCA 4233

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Assetlink Services Pty. Ltd. T/A Assetlink

(AG2024/4339)

UNITED WORKERS UNION AND ASSETLINK 5 STAR CLEANING AND SAFEGUARD QIC SHOPPING CENTRE AGREEMENT 2024

Cleaning services
COMMISSIONER P RYAN	SYDNEY, 2 DECEMBER 2024

Application for approval of the United Workers Union and Assetlink 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024

Assetlink Services Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the United Workers Union and Assetlink 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187, 188

I am satisfied that each of the requirements of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. In coming to this conclusion, I have had regard to the material contained in the application, the accompanying declaration, the Employer’s responses to issues raised, and the Statement of Principles.[1]

Section 183 Bargaining Representative

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 9 December 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved a dispute between Assetlink Services Pty. Ltd., trading as Assetlink, and the United Workers Union. The union sought approval for a proposed agreement between Assetlink and the 5 Star Cleaning and Safeguard QIC Shopping Centre. The application was brought before the Fair Work Commission (FWC), which is responsible for regulating and approving enterprise agreements in Australia.

The central legal issue before the FWC was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The FWC had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, and whether it complied with the procedural requirements for bargaining and approval. Another key aspect was whether the agreement was made in good faith and without coercion, as required by the legislation.

In its decision, the FWC thoroughly examined the proposed agreement, reviewing the terms and conditions it contained and the process by which it was negotiated. The FWC found that the agreement met all the necessary criteria for approval. The terms of the agreement were deemed fair and reasonable, and the FWC was satisfied that the agreement was made in good faith and without any procedural flaws. Consequently, the FWC approved the Assetlink 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024, allowing it to come into effect as planned. The union's application was thus granted, and the agreement was officially recognised as a valid enterprise agreement.

Assetlink Services Pty. Ltd. T/A Assetlink

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established