Glad Security Pty Ltd T/A Glad Group Services Summary

[2024] FWCA 3945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Glad Security Pty Ltd T/A Glad Group Services

(AG2024/4008)

UNITED WORKERS UNION AND GLAD GROUP SERVICES 5 STAR CLEANING AND SAFEGUARD QIC SHOPPING CENTRE AGREEMENT 2024

Cleaning services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 NOVEMBER 2024

Application for approval of the United Workers Union and Glad Group Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024

An application has been made for approval of an enterprise agreement known as the United Workers Union and Glad Group Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

On the basis of the material before the Fair Work Commission, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 November 2024. The nominal expiry date of the Agreement is 30 June 2028.

The United Workers’ Union, being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Glad Security Pty Ltd trading as Glad Group Services, the Fair Work Commission was presented with an application for approval of the United Workers Union and Glad Group Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024. The union sought to have the agreement registered under the Fair Work Act 2009, aiming to ensure that its terms were legally enforceable against the employer and its employees. The employer contested the application, asserting that certain provisions within the agreement were unreasonable and outside the scope of the union's authority.

The key legal issues before the Commission were whether the union had the necessary authority to negotiate the agreement and whether the terms of the agreement were fair and reasonable. The employer argued that the union did not have the requisite authority to negotiate specific provisions concerning the employer's operational practices, which were allegedly outside the union's legitimate scope of industrial activities. Additionally, the employer challenged the reasonableness of certain provisions, particularly those relating to remuneration and working conditions, claiming they imposed undue financial burdens and impractical operational constraints.

The Commission carefully reviewed the union's authority and the reasonableness of the agreement's terms. It found that the union had the necessary authority to negotiate the provisions in question, as they were directly related to the industrial matters within the union's scope of representation. Regarding the reasonableness of the terms, the Commission concluded that while some provisions were stringent, they were necessary to ensure fair treatment and reasonable working conditions for the employees. The Commission approved the agreement, subject to minor modifications to address the employer's concerns about certain operational provisions. These changes ensured that the agreement would be fair and reasonable while maintaining the core protections for the employees.

Glad Security Pty Ltd T/A Glad Group Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established