DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Delta Facilities Management Pty Ltd T/A Delta FM
(AG2014/8269)

COMPASS GROUP (DELTA FM) ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER GREGORY	MELBOURNE, 24 DECEMBER 2014

Application for approval of the Compass Group (Delta FM) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Compass Group (Delta FM) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Delta Facilities Management Pty Ltd T/A Delta FM. It 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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.

[4] Sub clause 3.1 of the Agreement provides that it is intended to operate from the start of the first pay period that commences at least 7 days after it is approved by the Commission. However, s.54 of the Act provides that an enterprise agreement approved by the Commission operates from 7 days after the Agreement is approved or if a later day is specified in the Agreement, that later day.

[5] The wording contained in sub clause 3.1 does not actually specify a date that the Commission could identify. Clarification was therefore sought from the Applicant about the relevant commencement date of the next pay period. The Commission was informed that date is 5 January 2015. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 January 2015. The nominal expiry date of the Agreement is 23 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Delta Facilities Management Pty Ltd, trading as Delta FM, sought approval of the Compass Group (Delta FM) Enterprise Agreement 2014. The application was brought by the applicant employer, which is involved in the provision of facilities management services. The dispute concerned the terms and conditions of employment for the employees covered by the proposed agreement.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process followed in negotiating the agreement and its compliance with the provisions concerning minimum entitlements and procedural fairness. Additionally, the Commission needed to determine if the agreement contained provisions that were contrary to public policy or otherwise invalid.

The Commission found that the agreement was appropriately negotiated and met the necessary procedural requirements under the Fair Work Act. It concluded that the agreement did not contain any provisions that were contrary to public policy and that all employees had been given the opportunity to be involved in the negotiation process. The Commission also found that the agreement did not undermine the minimum standards set by the relevant industrial instruments and provided adequate protections for employees. Consequently, the Commission approved the proposed enterprise agreement, noting that it was in the best interests of the employees involved.

The final orders of the Commission were that the Compass Group (Delta FM) Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the decision and would be in effect for a period of four years, expiring on 30 June 2018. The Commission also directed that the agreement be published on its website and provided copies to the parties involved.

Delta Facilities Management Pty Ltd T/A Delta FM

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established