DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fischer’s Cleaning Pty Ltd T/A Steamatic
(AG2018/6490)

FISCHER'S CLEANING PTY LTD ENTERPRISE AGREEMENT 2018

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2019

Application for approval of the Fischer's Cleaning Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fischer’s Cleaning Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fischer’s Cleaning Pty Ltd T/A Steamatic. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Fischer’s Cleaning Pty Ltd Enterprise Agreement 2018. The applicant, Fischer’s Cleaning Pty Ltd, sought to have the agreement certified as a single-employer agreement under the Fair Work Act 2009. The respondent, the Australian Services Union, raised objections to the agreement, arguing it did not meet the requirements for single-employer status.

The primary legal issue the Commission had to decide was whether the agreement satisfied the criteria for being approved as a single-employer agreement. This required the Commission to assess whether the agreement covered all employees of Fischer’s Cleaning Pty Ltd and whether it met the procedural fairness requirements for such agreements. The Commission also needed to consider whether the agreement provided for terms and conditions of employment that complied with the provisions of the Fair Work Act.

In delivering its decision, the Commission first confirmed that the agreement covered all employees of Fischer’s Cleaning Pty Ltd, thereby meeting the first criterion for single-employer status. The Commission then addressed the procedural fairness requirements, examining the process by which the agreement was negotiated and whether it provided employees with a meaningful opportunity to be involved in the negotiations. The Commission found that the agreement was the product of genuine negotiations between the parties and that employees had been adequately consulted throughout the process. The Commission also determined that the terms and conditions of the agreement were in compliance with the Fair Work Act, including provisions for minimum wage rates, penalty rates, and other employment conditions. Based on these findings, the Commission approved the agreement as a single-employer agreement.

The Commission certified the Fischer’s Cleaning Pty Ltd Enterprise Agreement 2018 as a single-employer agreement, effective from the date of the decision. This decision ensures that the agreement will govern the terms and conditions of employment for all employees of Fischer’s Cleaning Pty Ltd, providing certainty and stability in the employer-employee relationship.

Fischer’s Cleaning Pty Ltd T/A Steamatic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established