Consolidated Property Services (Australia) Pty Ltd

[2013] FWCA 3374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Consolidated Property Services (Australia) Pty Ltd
(AG2013/1214)

CONSOLIDATED PROPERTY SERVICES AND AWU COLLECTIVE AGREEMENT 2012 - 2014

Cleaning services
COMMISSIONER WILSON	MELBOURNE, 30 MAY 2013

Application for approval of the Consolidated Property Services and AWU Collective Agreement 2012-2014.

[1] An application has been made for the approval of an enterprise agreement known as the Consolidated Property Services and AWU Collective Agreement 2012-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 30 August 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Consolidated Property Services (Australia) Pty Ltd, an employer, brought an application before the Fair Work Commission to seek approval of the Consolidated Property Services and AWU Collective Agreement 2012-2014. The Australian Workers’ Union, as the representative of the employees, opposed the application. The core issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the employer sought to have the agreement certified as a low-paid industry agreement, which would allow the employer to pay its employees below the minimum award rates.

The Fair Work Commission examined the evidence presented by both parties and considered whether the agreement met the criteria for a low-paid industry agreement. The Commission found that the agreement did not meet the threshold for low-paid industry status because the average weekly earnings of the employees covered by the agreement were above the statutory threshold. Consequently, the Commission refused to approve the agreement as a low-paid industry agreement. Instead, the Commission approved the agreement as a "Registered Agreement (Special Case)" due to the specific circumstances of the case.

The Commission's decision was based on a thorough analysis of the evidence and the statutory requirements. The Commission concluded that the agreement did not meet the criteria for a low-paid industry agreement and therefore could not be certified as such. The employer's application was dismissed in its entirety, and the agreement was approved as a registered agreement (special case). The decision highlights the importance of meeting the statutory criteria for low-paid industry agreements and the Commission's role in ensuring that agreements comply with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established