DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City Cleaning Services (Aus) Pty Ltd
(AG2021/4290)

CITY CLEANING SERVICES (AUS) PTY LTD ENTERPRISE AGREEMENT 2021

Cleaning services
COMMISSIONER PLATT	ADELAIDE, 7 APRIL 2021

Application for approval of the City Cleaning Services (Aus) Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the City Cleaning Services (Aus) Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by City Cleaning Services (Aus) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 26 March 2021.

[3] On 1 April 2021, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 April 2021. The undertaking deals with the following topic:

• Employees who are terminated by the employer on the basis of abandonment of employment will receive notice of termination or payment in lieu of notice in accordance with the National Employment Standards (NES).

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 April 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of City Cleaning Services (Aus) Pty Ltd, the Fair Work Commission was presented with an application for the approval of an Enterprise Agreement. The applicant, City Cleaning Services (Aus) Pty Ltd, sought to have the terms of the proposed agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The nature of the dispute centred around the fairness and reasonableness of the terms proposed in the agreement, including the rates of pay, working conditions, and other employment-related matters. The court was required to determine whether the agreement met the criteria for approval under the legislation, specifically whether it passed the "better off overall test" and was free from any unlawful content.

The legal issues before the Commission included whether the proposed agreement provided for fair and reasonable terms, whether the bargaining was conducted in good faith, and if the agreement included any unlawful content. The Commission also had to consider whether the agreement provided for the fair and reasonable treatment of employees, including those in lower-paid positions, and whether the terms of the agreement were in line with broader industrial standards and policies. A significant aspect of the inquiry was the assessment of the "better off overall test," which required the Commission to determine whether the agreement would leave employees no worse off and at least some better off financially or in terms of conditions.

After thorough examination of the evidence and submissions from both parties, the Fair Work Commission found that the proposed Enterprise Agreement met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable, providing for the adequate protection of employees' rights and interests. It was concluded that the agreement passed the "better off overall test" and did not contain any unlawful provisions. The Commission approved the Enterprise Agreement, recognising it as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms of the agreement will apply to the employees of City Cleaning Services (Aus) Pty Ltd, providing a framework for their employment conditions going forward.

City Cleaning Services (Aus) 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