Cleansweep WA T/A Clean Industry Environmental Solutions Summary

[2014] FWCA 2704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cleansweep WA T/A Clean Industry Environmental Solutions
(AG2014/5578)

CLEANSWEEP (WA) PTY LTD ENTERPRISE AGREEMENT 2014

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2014

Application for approval of the Cleansweep (WA) Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cleansweep (WA) Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleansweep WA Pty Ltd T/A Clean Industry Environmental Solutions. The agreement is a single-enterprise agreement.

[2] By way of clarification it is noted that the title clause in the Agreement refers to it being known as the Cleansweep Pty Ltd Enterprise Agreement 2014, whereas in the application, on the cover page, and in Clause 2 - “Application,” it is referred to as the Cleansweep (WA) Pty Ltd Enterprise Agreement 2014. The Applicant subsequently confirmed that there was a mistake made in the description provided in the title clause and the latter description being Cleansweep (WA) Pty Ltd Enterprise Agreement 2014 is how it is intended to be known.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 3 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cleansweep (WA) Pty Ltd, trading as Clean Industry Environmental Solutions, applied for the approval of the Cleansweep (WA) Pty Ltd Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009. The dispute centred on whether the agreement contained all the mandated terms and conditions and if it complied with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement was made in good faith, if it contained the necessary minimum terms, and whether it adhered to the procedural requirements set out in the Fair Work Act. Furthermore, the Commission needed to assess if the agreement had been fairly negotiated and if it appropriately dealt with the bargaining process and the rights of the parties involved.

The Fair Work Commission found that the Cleansweep (WA) Pty Ltd Enterprise Agreement 2014 was indeed made in good faith and contained all the necessary minimum terms as stipulated by the Fair Work Act. The Commission concluded that the agreement was fairly negotiated and complied with the procedural requirements. The Commission was satisfied that the agreement appropriately dealt with the bargaining process and the rights of the parties involved, leading to the approval of the agreement. The Commission's decision was based on the evidence presented and the provisions of the Fair Work Act. As a result, the Fair Work Commission approved the Cleansweep (WA) Pty Ltd Enterprise Agreement 2014.

Cleansweep WA T/A Clean Industry Environmental Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established