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

[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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Clean It NQ Pty Ltd, trading as Clean It Industrial Services, sought approval of the Clean It Industrial Services Employee Enterprise Agreement 2013. The application was heard by the Fair Work Commission. The primary dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for approval. Specifically, the parties debated whether the agreement provided adequate protections and benefits for employees and whether it complied with the procedural requirements for making enterprise agreements.

The legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, if it had been made in accordance with the prescribed process, and if it included the necessary minimum terms and conditions as stipulated by the Act. The Commission had to examine the bargaining process, the content of the agreement, and its compliance with the procedural and substantive requirements set out in the Fair Work Act.

In its decision, the Fair Work Commission considered the evidence presented on the bargaining process, finding that the agreement was genuinely made without any undue influence or coercion. The Commission also evaluated the provisions of the agreement against the minimum terms and conditions outlined in the Fair Work Act, concluding that the agreement was compliant in this respect. The Commission determined that the agreement was procedurally sound and substantively fair, meeting all the legislative requirements for approval. Therefore, the Commission granted approval of the Clean It Industrial Services Employee Enterprise Agreement 2013.

The Commission's final order was that the Clean It Industrial Services Employee Enterprise Agreement 2013 be approved as meeting the necessary legislative requirements and be registered with the Fair Work Commission. This decision allows the agreement to take effect, governing the terms and conditions of employment for the employees of Clean It NQ Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established