DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Cleaning Services (Aust) Pty Ltd T/A City Cleaning Services (Aust) Pty Ltd
(AG2017/1232)

CITY CLEANING SERVICES (AUS) ENTERPRISE AGREEMENT 2017

Cleaning services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 29 MAY 2017

Application for approval of the City Cleaning Services (Aus) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the City Cleaning Services (Aus) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Cleaning Services (Aust) Pty Ltd T/A City Cleaning Services (Aust) Pty Ltd. 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 was approved on 29 May 2017 and, in accordance with s.54, will operate from 5 June 2017. The nominal expiry date of the Agreement is 4 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

City Cleaning Services (Aust) Pty Ltd T/A City Cleaning Services (Aust) Pty Ltd applied to the Fair Work Commission for the approval of the City Cleaning Services (Aus) Enterprise Agreement 2017. The applicant sought to have the agreement certified as a single-enterprise agreement, which would make it applicable to all its employees. The dispute arose as City Cleaning Services sought to formalise its employment conditions through the enterprise agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement had been genuinely negotiated and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to verify that the agreement was made without any improper influence or coercion and that it contained the mandated minimum terms and conditions. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees it covered. The Commission examined the process by which the agreement was negotiated, the content of the agreement itself, and the outcomes for the employees.

The Fair Work Commission found that the City Cleaning Services (Aus) Enterprise Agreement 2017 had been genuinely negotiated in accordance with the Fair Work Act. The Commission was satisfied that the agreement was made without any improper influence or coercion and that it contained all the required minimum terms and conditions. The Commission also determined that the agreement was in the best interests of the employees. The Commission noted the thorough process followed by the parties during the negotiation phase, including multiple meetings and the involvement of employee representatives. The content of the agreement was found to be fair and balanced, addressing both employer and employee interests effectively.

The Fair Work Commission approved the City Cleaning Services (Aus) Enterprise Agreement 2017 as a single-enterprise agreement. This decision means that the agreement will apply to all employees of City Cleaning Services (Aust) Pty Ltd, setting their terms and conditions of employment in accordance with the approved agreement. The Commission's approval ensures that the agreement will be legally binding and enforceable, providing a stable framework for the employment relationship between the company and its employees.

City Cleaning Services (Aust) Pty Ltd T/A City Cleaning Services (Aust) 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