ISS Facility Services Australia Ltd T/A ISS Facility Services

[2018] FWCA 2692

[2018] FWCA 2692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Facility Services Australia Ltd T/A ISS Facility Services
(AG2017/5595)

ISS FACILITY SERVICES AND UNITED VOICE CLEANING SERVICES ENTERPRISE AGREEMENT 2017

Cleaning services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 14 MAY 2018

Application for approval of the ISS Facility Services and United Voice Cleaning Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services and United Voice Cleaning Services 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 ISS Facility Services Australia Ltd T/A ISS Facility Services. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from ISS Facility Services Australia Ltd T/A ISS Facility Services. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. The Australian Workers’ Union was a default bargaining representative in respect of its members at Nystar Port Pirie Smelter performing cleaning duties in accordance with the Agreement, despite not participating in the negotiations due to email communication from the Australian Workers’ Union not being received as a result of the Applicant’s IT system. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2018. The nominal expiry date of the Agreement is 1 October 2020.

Printed by authority of the Commonwealth Government Printer

<AE428345  PR607061>

Annexure A