Fischer’s Cleaning Pty Ltd Summary

[2022] FWCA 991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fischer’s Cleaning Pty Ltd

(AG2022/562)

Fischer’s Cleaning Pty Ltd Enterprise Agreement 2022

Cleaning services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2022

Application for approval of the Fischer’s Cleaning Pty Ltd Enterprise Agreement 2022

Fischer’s Cleaning Pty Ltd has made an application for approval of an enterprise agreement known as the Fischer’s Cleaning Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 22 March 2022 and, in accordance with s 54, will operate from 29 March 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Fischer’s Cleaning Pty Ltd and its employees, who sought approval for the Enterprise Agreement 2022 under the Fair Work Act 2009. The application was lodged with the Fair Work Commission, which holds the jurisdiction to assess and approve such agreements. The nature of the dispute centred around whether the proposed terms and conditions of employment complied with the legislative requirements and whether they were fair and reasonable.

The central legal issues before the Commission were whether the proposed agreement met the criteria for being considered a “simple” agreement, and if the negotiation process complied with the statutory obligations. The Commission needed to determine if the agreement satisfied the requirements of being simple, not containing any unfair terms, and if it was made in good faith. Additionally, the Commission assessed whether the agreement was appropriately negotiated and if it provided for proper representation of the employees.

The Fair Work Commission found that the proposed Enterprise Agreement was indeed simple, as it did not contain any unfair terms, and the negotiation process was in accordance with the legislative requirements. The Commission was satisfied that the agreement was made in good faith and provided for proper representation of the employees. Consequently, the Commission approved the agreement, recognising its compliance with the statutory criteria and its fairness and reasonableness. The Commission’s decision was grounded in the understanding that the agreement fostered a balanced approach between the interests of the employer and employees.

Fischer’s Cleaning Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established