Clean It NQ Pty Ltd T/A Clean It Industrial Services

[2014] FWCA 2154

[2014] FWCA 2154

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clean It NQ Pty Ltd T/A Clean It Industrial Services
(AG2013/11589)

CLEAN IT INDUSTRIAL SERVICES EMPLOYEE ENTERPRISE AGREEMENT 2013

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2014

Application for approval of the Clean It Industrial Services Employee Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Clean It Industrial Services Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clean It NQ Pty Ltd T/A Clean It Industrial Services. The Agreement is a single-enterprise agreement.

[2] After reviewing the application the Commission subsequently raised a number of issues with the Applicant. These included the proposed rates of pay and how they are constituted; the arrangements regarding minimum hours of work; the cashing out of annual leave arrangements; the proposed dispute settlement procedure, and the rates of pay to apply to casual employees. The Commission did not receive a satisfactory response from the Applicant to these concerns and the matter was set down for hearing.

[3] The Commission was then informed that legal representatives were now acting on behalf of the Applicant and a request was made to adjourn the hearing while further instructions were obtained. The request was granted.

[4] The Commission has since been provided with further explanation about the proposed hours of work arrangements, indicating that 12 hour shifts will be confined to 6 weeks each year when employees are engaged at mine sites. An undertaking has also been provided concerning the annual leave arrangements and the dispute resolution procedure. I have accepted those undertakings. They are attached to this decision and form part of the Agreement. Copies have also been provided to the bargaining representatives.

[5] The Commission has also been provided with revised calculations concerning the rates of pay which demonstrate, in particular, how the proposed Agreement will apply to casual employees.

[6] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 and s.190 as are relevant to this application have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Attachment A:

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