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

Annexure A

CaseChat Overview and Summary

In the case of ISS Facility Services Australia Ltd T/A ISS Facility Services, the Fair Work Commission was asked to approve the ISS Facility Services and United Voice Cleaning Services Enterprise Agreement 2017. The agreement was proposed between ISS, a provider of facility services, and United Voice, a union representing cleaning workers. The union sought approval of the agreement under the Fair Work Act 2009, which requires that certain enterprise agreements be approved by the Fair Work Commission to ensure they meet specific criteria, including procedural fairness and public interest considerations.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural fairness requirements outlined in the Fair Work Act and whether the agreement was in the public interest. Procedural fairness required that the agreement was made without coercion, undue influence, or unfair labour practices. The public interest consideration involved assessing whether the agreement would have a detrimental effect on the national economy or public services. The Commission also considered whether the agreement provided for appropriate mechanisms for dispute resolution and whether it adequately protected the rights of employees.

The Fair Work Commission found that the agreement had been made in accordance with procedural fairness requirements. The Commission noted that the union had taken reasonable steps to ensure that employees were properly informed about the agreement and had the opportunity to participate in the bargaining process. The Commission also found that the agreement was in the public interest, as it provided for appropriate mechanisms for dispute resolution and did not have a detrimental effect on the national economy or public services. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for employees in the cleaning industry.

The Commission made an order approving the ISS Facility Services and United Voice Cleaning Services Enterprise Agreement 2017, subject to certain conditions designed to ensure that the agreement was implemented in a fair and reasonable manner. The order also included provisions for the agreement to be registered with the Fair Work Commission and for the union and employer to provide regular reports on the implementation of the agreement. The decision provides important guidance for employers and unions on the requirements for making and approving enterprise agreements under the Fair Work Act.

ISS Facility Services Australia Ltd T/A ISS Facility Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established