Flick Anticimex Pty Ltd

[2022] FWCA 2556

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Flick Anticimex Pty Ltd

(AG2022/2451)

Flick Hygiene Services Enterprise Agreement 2022

Waste management industry
COMMISSIONER LEE	MELBOURNE, 28 JULY 2022

Application for approval of the Flick Hygiene Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Flick Hygiene Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flick Anticimex Pty Ltd. The Agreement is a single enterprise agreement.

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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·   Clause 26.7 – Notice of Termination of Employment.
·   Clause 45.7.3 – Personal/Carer’s Leave.
·   Clause 57.2 – Return of Company Property.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2022. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flick Anticimex Pty Ltd is an Australian pest control company, and the company has brought an application for the approval of the Flick Hygiene Services Enterprise Agreement 2022. The application was made to the Fair Work Commission (FWC) under section 235 of the Fair Work Act 2009. The dispute arises from the negotiation of a new enterprise agreement between Flick Anticimex and its employees, who are represented by the National Union of Workers (NUW). The FWC was required to determine whether the proposed agreement met the criteria for approval under the Act.

The legal issues the FWC considered were whether the agreement was a "single-employer agreement," whether it contained the minimum terms and conditions required by the Act, and whether it had been negotiated in good faith. The FWC also had to consider whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations. The central issue was whether the proposed agreement provided fair and reasonable terms for the employees and whether it complied with the requirements of the Act.

The FWC found that the proposed agreement was a single-employer agreement and that it contained the minimum terms and conditions required by the Act. The FWC also found that the agreement had been negotiated in good faith and that it promoted harmonious, productive, and cooperative workplace relations. The FWC concluded that the proposed agreement was in the best interests of the employees and that it provided fair and reasonable terms for them. The FWC approved the Flick Hygiene Services Enterprise Agreement 2022, subject to certain modifications to ensure compliance with the Act.

The final orders of the FWC were that the Flick Hygiene Services Enterprise Agreement 2022 be approved as a registered agreement under section 173 of the Act, with certain modifications. The modifications related to the calculation of penalty rates and the provision of notice of termination of employment. The FWC also ordered that the agreement be registered by the Registrar of the FWC and published on the FWC's website. The approval of the agreement means that it will become a legally binding contract between Flick Anticimex and its employees, and it will apply from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established