DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DCS Trust t/a Dimeo Cleaning Services Pty Ltd
(AG2018/1651)

DIMEO CLEANING IN ACT PUBLIC SCHOOLS ENTERPRISE AGREEMENT 2017

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2018

Application for approval of the Dimeo Cleaning in ACT Public Schools Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Dimeo Cleaning in ACT Public Schools Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by DCS Trust t/a Dimeo Cleaning Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of DCS Trust t/a Dimeo Cleaning Services Pty Ltd involved an application for the approval of the Dimeo Cleaning in ACT Public Schools Enterprise Agreement 2017. The dispute arose as the applicant sought to have the agreement approved by the Fair Work Commission (FWC) to regulate the employment conditions of its employees working in the Australian Capital Territory public schools. The applicant argued that the proposed agreement met the statutory requirements under the Fair Work Act 2009 and was made in good faith.

The legal issues before the court revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it was made in good faith. The applicant argued that the agreement was made in accordance with the law and in good faith. The respondent contended that the agreement did not meet the statutory requirements as it did not address certain issues and was not made in good faith.

The court held that the agreement met the statutory requirements under the Fair Work Act 2009 and was made in good faith. The court found that the applicant had provided sufficient evidence to demonstrate that the agreement had been made in good faith and that it addressed the issues raised by the respondent. The court also found that the agreement was consistent with the principles of the Fair Work Act 2009 and was therefore approved.

The court approved the Dimeo Cleaning in ACT Public Schools Enterprise Agreement 2017. The applicant was ordered to provide the approved agreement to the respondent and to take all necessary steps to give effect to the agreement. The court also ordered that the agreement would be registered with the Fair Work Commission.

DCS Trust t/a Dimeo Cleaning Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established