DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Facility Services Pty Ltd and ISS Facility Services Australia Ltd
(AG2021/5417)

ISS FACILITY SERVICES VICTORIAN SWEEPING DIVISION ENTERPRISE AGREEMENT 2021

Waste management industry
COMMISSIONER YILMAZ	MELBOURNE, 29 JUNE 2021

Application for approval of the ISS Facility Services Victorian Sweeping Division Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Victorian Sweeping Division Enterprise Agreement 2021 (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 Pty Ltd and ISS Facility Services Australia Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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] The Agreement is approved and in accordance with s.54, will operate from 6 July 2021. The nominal expiry date of the Agreement is 1 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the ISS Facility Services Victorian Sweeping Division Enterprise Agreement 2021. The applicants were ISS Facility Services Pty Ltd and ISS Facility Services Australia Ltd, which sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The respondents included various trade unions that objected to the agreement, raising concerns about its fairness and compliance with the statutory requirements.

The central legal issues before the Commission were whether the agreement satisfied the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the Commission had to determine if the agreement was genuinely agreed upon by the parties, including whether there was sufficient employee representation and participation in the negotiation process. Substantively, the Commission needed to assess whether the terms of the agreement met the "better off overall test" and did not unfairly discriminate against employees.

The Fair Work Commission found that the agreement was procedurally valid, noting that there was adequate employee representation and participation in the negotiations. The Commission also concluded that the agreement met the better off overall test, determining that it provided employees with benefits that outweighed any potential detriments. Additionally, the Commission held that the agreement did not unfairly discriminate against any group of employees. Consequently, the Commission approved the agreement as a registered enterprise agreement.

The Fair Work Commission approved the ISS Facility Services Victorian Sweeping Division Enterprise Agreement 2021 as a registered enterprise agreement. The decision affirmed the validity of the agreement, ensuring that it would govern the employment conditions of the employees within the specified division. This ruling provides clarity and legal certainty to both the employer and the employees regarding their rights and obligations under the approved agreement.

ISS Facility Services Pty Ltd and ISS Facility Services Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established