Integrated Property Solutions (Aust) Pty Ltd T/A Integrated Property Solutions

[2023] FWCA 1692

[2023] FWCA 1692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Integrated Property Solutions (Aust) Pty Ltd T/A Integrated Property Solutions

(AG2023/1439)

INTEGRATED PROPERTY SOLUTIONS ENTERPRISE AGREEMENT 2023

Cleaning services
COMMISSIONER PLATT	ADELAIDE, 9 JUNE 2023

Application for approval of the Integrated Property Solutions Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Integrated Property Solutions Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Integrated Property Solutions (Aust) Pty Ltd T/A Integrated Property Solutions (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 26 May 2023.

1. On 1 June 2023, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

1. The Applicant has submitted an undertaking in the required form dated 5 June 2023. The undertaking deals with the following topics:

·   Despite Clause 6.1.4 of the Agreement, work performed outside of ordinary hours will be paid at 150% of the ordinary hourly rate for the first two (2) hours and 200% thereafter.

·   Despite Clause 6.1.7 of the Agreement, the minimum engagement for an employee engaged to work on a Sunday is four (4) hours.

·   Despite Clause 6.4 of the Agreement, Employees are entitled to a ten (10) minute paid rest break in the morning and another ten (10) minute paid break in the afternoon. By agreement, these paid rest breaks can also be combined into one twenty (20) minute paid rest break instead, taken either in the morning or in the afternoon.

·   Despite Clause 4.1.3.5 of the Agreement, the minimum engagement for a casual employee under levels 4-6 of the Agreement is 7.6 hours per day, in line with the Joinery and Building Trades Award 2020.

·   Despite Clause 4.1.2 of the Agreement, at the time a part-time Employee is engaged, the Employer and that Employee will agree on the number of hours worked each week, the days of the week that Employee will work and the times that Employee will start and finish each day. These terms can be varied by consent in writing.

1. No bargaining representatives were appointed.

1. The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 June 2026.

COMMISSIONER

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