ISS Facility Services Australia Ltd Summary

[2014] FWCA 5693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Facility Services Australia Ltd
(AG2014/1977)

ISS FACILITY SERVICES AUSTRALIA LIMITED, SHELL GEELONG ENTERPRISE AGREEMENT 2014

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 26 AUGUST 2014

Application for approval of the ISS Facility Services Australia Limited, Shell Geelong Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Australia Limited, Shell Geelong Enterprise Agreement 2014 (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. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, ISS Facility Services Australia Limited, sought approval of the Shell Geelong Enterprise Agreement 2014 from the Fair Work Commission. The dispute arose from negotiations between the employer and the employees' union, ultimately leading to an application for the agreement's endorsement. The nature of the disagreement centred on the terms and conditions of employment for the workers, including wages, hours, and other employment-related matters.

The legal issues before the Commission involved the compliance of the agreement with the Fair Work Act 2009, as well as whether the agreement met the requirements for "better off overall" and "no disadvantaged" tests. These tests ensure that employees are not worse off under the new agreement compared to their previous conditions and that no employee is disadvantaged by the new agreement. The Commission had to assess whether the agreement met these criteria and whether the process followed was fair and lawful.

In rendering its decision, the Commission examined the evidence and submissions from both parties. It concluded that the agreement was compliant with the Fair Work Act and met the necessary tests. The Commission found that the process leading to the agreement was fair and that the employees were better off overall and not disadvantaged by the new terms. The Commission approved the agreement, highlighting that it provided for fair and reasonable terms of employment and that it was in the best interests of the employees.

The Fair Work Commission approved the Shell Geelong Enterprise Agreement 2014, recognising its compliance with the Fair Work Act and the satisfaction of the "better off overall" and "no disadvantaged" tests. The decision ensures that employees under the agreement will benefit from the agreed terms, which are considered fair and reasonable.

ISS Facility Services Australia Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established