CleanCo Services Australia Pty Ltd ACN 165 759 179

[2013] FWCA 9747

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CleanCo Services Australia Pty Ltd ACN 165 759 179
(AG2013/11646)

CLEANCO SERVICES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 23 DECEMBER 2013

Application for approval of the CleanCo Services Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the CleanCo Services Australia Pty Ltd 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 CleanCo Services Australia Pty Ltd ACN 165 759 179. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 29 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CleanCo Services Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The Fair Work Commission (FWC) was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The main legal issue was whether the agreement contained the necessary provisions regarding employee entitlements and conditions, and if it was made in good faith and without coercion.

The FWC examined the agreement clause by clause, considering if it provided for the minimum entitlements as set out in the Act, and if it included provisions for the protection of vulnerable employees. The FWC also assessed if the agreement was the product of genuine bargaining between the employer and the employees' representatives. After careful deliberation, the FWC found that the agreement met all the statutory requirements. It included provisions for all minimum entitlements, provided protections for vulnerable employees, and was the product of genuine bargaining.

Consequently, the FWC approved the CleanCo Services Australia Pty Ltd Enterprise Agreement 2013. The decision was based on the FWC's satisfaction that the agreement complied with all the legal standards required for approval. The approved agreement will now govern the employment conditions of the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established