G.J. & K. Cleaning Services Pty. Limited T/A GJK Facility Services Summary

[2024] FWCA 1502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

G.J. & K. Cleaning Services Pty. Limited T/A GJK Facility Services

(AG2024/1188)

GJK FACILITY SERVICES AND UNITED WORKERS UNION MELBOURNE AIRPORT ENTERPRISE AGREEMENT 2024 2027

Cleaning services
COMMISSIONER CIRKOVIC	MELBOURNE, 23 APRIL 2024

Application for approval of the GJK Facility Services and United Workers Union Melbourne Airport Enterprise Agreement 2024 2027

An application has been made for approval of a greenfields agreement known as the GJK Facility Services and United Workers Union Melbourne Airport Enterprise Agreement 2024 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by G.J. & K. Cleaning Services Pty. Limited T/A GJK Facility Services (the Employer).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Workers’ Union (UWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 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.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the United Workers’ Union and the Agreement covers that organisation.

The Agreement was approved on 23 April 2024 and in accordance with the Act, will operate from 30 April 2024. The nominal expiry date of the Agreement is 1 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, G.J. & K. Cleaning Services Pty. Limited, trading as GJK Facility Services, applied for the approval of their Enterprise Agreement with the United Workers Union for the period 2024-2027. The dispute centred around the terms and conditions of the agreement, which had been negotiated between the employer and the union to govern the employment relationship of the union's members within the company.

The primary legal issue before the commission was whether the proposed agreement met the requirements under the Fair Work Act 2009. This involved an examination of whether the agreement provided for minimum entitlements, allowed for proper bargaining, and included procedural fairness in its creation. The commission also needed to assess if the agreement complied with the 'better off overall test', ensuring that no party would be worse off under the new agreement than they would be under the applicable award or existing agreement.

The commission carefully reviewed the agreement, considering the submissions from both parties and relevant legal principles. It found that the agreement did meet the necessary statutory requirements and provided for the minimum entitlements as stipulated by the Act. The commission concluded that the agreement was fairly negotiated and passed the better off overall test. Consequently, the commission approved the GJK Facility Services and United Workers Union Melbourne Airport Enterprise Agreement 2024-2027, deeming it to be in the best interests of the employees involved.

G.J. & K. Cleaning Services Pty. Limited T/A GJK Facility Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established