DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Health Services Pty Ltd and Blurlato Pty Ltd T/A ISS Facility Services
(AG2017/4455)

ISS FACILITY SERVICES PUBLIC HOSPITALS (VICTORIA) ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 JANUARY 2018

Application for approval of the ISS Facility Services Public Hospitals (Victoria) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Public Hospitals (Victoria) 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 Health Services PTY Ltd and Blurlato Pty Ltd T/A ISS Facility Services. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, ISS Health Services Pty Ltd and Blurlato Pty Ltd trading as ISS Facility Services, applied to the Fair Work Commission for approval of the ISS Facility Services Public Hospitals (Victoria) Enterprise Agreement 2017. The application was opposed by the Health Services Union of Australia, which raised concerns about the agreement's provisions relating to employee entitlements, particularly in relation to annual leave, shift penalties, and the use of casual employees. The case was heard in the Fair Work Commission, which had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the provisions of the enterprise agreement were fair and reasonable, and whether they complied with the relevant statutory provisions. The Commission had to consider the provisions of the agreement in light of the principles of enterprise bargaining set out in the Fair Work Act, and determine whether the agreement was likely to have a positive effect on the productivity, efficiency and profitability of the enterprise. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

In its decision, the Commission found that the provisions of the enterprise agreement were fair and reasonable, and complied with the statutory requirements for approval. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages, improved leave entitlements, and better shift penalties. The Commission also found that the agreement was likely to have a positive effect on the productivity, efficiency and profitability of the enterprise, and that it promoted harmonious, productive and cooperative workplace relations. The Commission accepted the applicants' submissions that the use of casual employees was necessary to meet the fluctuating demands of the public hospital industry, and that the agreement provided for appropriate protections for these employees.

The Commission approved the ISS Facility Services Public Hospitals (Victoria) Enterprise Agreement 2017, subject to certain modifications to the agreement to address the concerns raised by the Health Services Union of Australia. These modifications included changes to the agreement's provisions relating to annual leave, shift penalties, and the use of casual employees. The applicants were ordered to implement the modified agreement, and to provide the Health Services Union of Australia with a copy of the approved agreement.

ISS Health Services Pty Ltd and Blurlato Pty 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