DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Graffiti Clean Pty Ltd
(AG2018/1544)

GRAFFITI CLEAN PTY LIMITED ENTERPRISE AGREEMENT 2017

Cleaning services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 AUGUST 2018

Application for approval of the Graffiti Clean Pty Limited Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Graffiti Clean Pty Limited Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Graffiti Clean Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings 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 the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
[5] The Agreement was approved on 23 August 2018 and, in accordance with s.54, will operate from 30 August 2018. The nominal expiry date of the Agreement is 1 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Graffiti Clean Pty Ltd sought approval of an enterprise agreement with its employees. The applicants argued that the proposed agreement met the requirements of the Fair Work Act 2009 and should be approved. The respondents, representing the employees, raised concerns about certain provisions of the agreement, particularly those relating to casual employment and shift patterns.

The key legal issues before the Commission were whether the agreement complied with the legislative requirements for enterprise agreements under the Fair Work Act, including the need for the agreement to provide for fair and reasonable terms and conditions. The Commission needed to assess if the agreement provided for minimum rates of pay, leave entitlements, and other terms and conditions as required by the Act. Additionally, the Commission had to determine if the agreement met the "better off overall test," ensuring that employees would not be worse off financially by being covered by the agreement than they would be under the applicable award or registered agreement.

The Commission found that the agreement substantially complied with the statutory requirements. It provided for minimum rates of pay, leave entitlements, and other terms and conditions. The Commission was satisfied that the agreement met the better off overall test, as employees would not be worse off financially under the proposed agreement. The Commission noted the fairness of the provisions and the good faith bargaining process that led to the agreement. Consequently, the Commission approved the Graffiti Clean Pty Limited Enterprise Agreement 2017.

The final order was that the Graffiti Clean Pty Limited Enterprise Agreement 2017 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the agreement would govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of registration.

Graffiti Clean Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established