DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berkeley Challenge Proprietary Limited T/A Spotless
(AG2016/1574)

SPOTLESS (BLUESCOPE STEEL) AWU COLLECTIVE AGREEMENT 2015-2018

Cleaning services
COMMISSIONER LEE	MELBOURNE, 9 AUGUST 2016

Application for approval of the Spotless (BlueScope Steel) AWU Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Spotless (BlueScope Steel) AWU Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berkeley Challenge Proprietary Limited T/A Spotless. 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2016. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Berkeley Challenge Proprietary Limited, trading as Spotless, applied to the Fair Work Commission for the approval of the Spotless (BlueScope Steel) AWU Collective Agreement 2015-2018. The Australian Workers' Union (AWU) sought to have the agreement approved as a new modern award. The dispute arose from negotiations between Spotless and the AWU regarding the terms and conditions of employment for employees working at BlueScope Steel's Port Kembla steelworks.

The legal issues before the court involved whether the proposed agreement complied with the Fair Work Act 2009, particularly in relation to the minimum entitlements, and whether it met the requirements for a modern award. The court had to consider whether the agreement provided for fair and reasonable terms, and if it was consistent with the objects of the Act, which include promoting high levels of economic growth and employment.

The Fair Work Commission examined the agreement in detail, assessing it against the legislative framework and the principles of modern awards. The Commission found that the proposed agreement was largely consistent with the objects of the Act and provided for fair and reasonable terms and conditions of employment. The Commission concluded that the agreement met the requirements for a modern award and approved it, noting the importance of the agreement in providing certainty and stability for employees in the industry. The approval of the agreement was made subject to certain conditions to ensure ongoing compliance with the Act.

Berkeley Challenge Proprietary Limited T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established