Flick Anticimex Pty Ltd trading as Flick

[2025] FWCA 1660

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Flick Anticimex Pty Ltd trading as Flick

(AG2025/1208)

FLICK HYGIENE SERVICES ENTERPRISE AGREEMENT 2025

Waste management industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 19 MAY 2025

Application for approval of the Flick Hygiene Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Flick Hygiene Services Enterprise Agreement 2025 (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 trading as Flick (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. The Transport Workers’ Union of Australia (TWU), being a bargaining representative in the agreement-making process, has indicated their acceptance of the undertakings provided. 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. The undertakings are taken to be a term of the Agreement.

Having regard to the supporting material and the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as is relevant to this application for approval has been met.

I note that Clause 5 of the Agreement provides that to the extent that the terms of the National Employment Standards (NES) are more beneficial than the terms of the Agreement, such NES terms shall apply.

The TWU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the TWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flick Anticimex Pty Ltd trading as Flick, an employer, made an application to the Fair Work Commission for approval of an enterprise agreement. The applicant argued that the proposed agreement was a simple, fair, and flexible workplace agreement, compliant with the Fair Work Act 2009. The applicants contended that the proposed agreement would improve productivity, efficiency, and the overall working conditions for employees.

The legal issues before the Commission were whether the proposed agreement was genuinely an enterprise agreement, whether it was simple, fair, and flexible, and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the proposed agreement met the statutory requirements for enterprise agreements and whether it provided for the resolution of genuine workplace issues.

The Fair Work Commission found that the proposed agreement was genuinely an enterprise agreement, was simple, fair, and flexible, and complied with the statutory requirements of the Fair Work Act 2009. The Commission found that the proposed agreement provided for the resolution of genuine workplace issues, including those relating to wages, hours of work, and other terms and conditions of employment. The Commission also found that the proposed agreement met the requirements for simplicity, fairness, and flexibility, and did not contain any terms that were contrary to the public interest.

Accordingly, the Fair Work Commission approved the Flick Hygiene Services Enterprise Agreement 2025. The Commission ordered that the agreement be registered and become a registered agreement under the Fair Work Act 2009, and that it would have effect from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established