IFM Services Pty. Limited T/A IFM Services Pty. Limited

[2023] FWCA 2798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IFM Services Pty. Limited T/A IFM Services Pty. Limited

(AG2023/2806)

IFM SERVICES PTY LTD - AWU - FOOD, BEVERAGE AND SUPPORTING SERVICES GREENFIELD AGREEMENT 2023 - 2027

Hospitality industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 31 AUGUST 2023

Application for approval of the IFM Services Pty Ltd - AWU - Food, Beverage and Supporting Services Greenfield Agreement 2023 - 2027

An application has been made for approval of an enterprise agreement to be known as the IFM Services Pty Ltd - AWU - Food, Beverage and Supporting Services Greenfield Agreement 2023 - 2027 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the IFM Services Pty Limited T/A IFM Services Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 31 August 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Hospitality Industry (General) Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.185, 185A, 186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

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 7 September 2023. The nominal expiry date of the Agreement is 31 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The proceedings involved a dispute between IFM Services Pty Limited, trading as IFM Services Pty Limited, and the Australian Workers' Union (AWU). The issue at hand was the application for the approval of the IFM Services Pty Ltd - AWU - Food, Beverage and Supporting Services Greenfield Agreement 2023-2027, which was to be overseen by the Fair Work Commission (FWC). The applicants, IFM Services Pty Limited, sought approval of the agreement, which aimed to set out the terms and conditions of employment for workers within the food, beverage, and supporting services industry.

The central legal issue before the FWC was whether the proposed agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement was in the public interest and whether it provided for the fair and efficient resolution of workplace issues. Additionally, the FWC examined whether the agreement provided for adequate protections for employees, including terms regarding wages, conditions, and dispute resolution mechanisms. The FWC also needed to assess if the agreement had been negotiated in good faith and whether it provided for a streamlined and efficient process for resolving workplace disputes.

The FWC found that the proposed agreement met the necessary criteria for approval. The FWC considered the agreement's provisions to be fair and reasonable, providing adequate protections for employees while also promoting efficient and effective workplace relations. The FWC was satisfied that the agreement had been negotiated in good faith, and it provided for an effective process for resolving workplace disputes. Consequently, the FWC approved the IFM Services Pty Ltd - AWU - Food, Beverage and Supporting Services Greenfield Agreement 2023-2027. The approval of the agreement will now set the terms and conditions of employment for workers within the specified industry, providing a framework for fair and efficient workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established