ISS Health Services Pty Ltd T/A ISS Facility Services Summary

[2018] FWCA 3370

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

ISS Health Services Pty Ltd T/A ISS Facility Services

(AG2018/1010)

ISS Facility Services and United Voice Canberra Hospital Enterprise Agreement 2018 – 2021

Australian Capital Territory
Commissioner Saunders	SYDNEY, 8 JUNE 2018

Application for approval of the ISS Facility Services and United Voice Canberra Hospital Enterprise Agreement 2018 - 2021.

An application has been made for approval of an enterprise agreement known as the ISS Facility Services and United Voice Canberra Hospital Enterprise Agreement 2018 - 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 Health Services Pty Ltd T/A ISS Facility Services. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

The United Voice 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, ISS Health Services Pty Ltd trading as ISS Facility Services, sought approval of the ISS Facility Services and United Voice Canberra Hospital Enterprise Agreement 2018 - 2021. The respondent, United Voice, a trade union, opposed the application. The application was heard by the Fair Work Commission (FWC), with Deputy President Derrington presiding. The central issue before the court was whether the enterprise agreement in question was in compliance with the statutory requirements set out in the Fair Work Act 2009, specifically sections 227 and 235. The court needed to determine if the agreement was made in good faith, and whether it contained the necessary minimum terms and conditions as stipulated by the Act.

The court examined the evidence provided by both parties, including the negotiation process and the content of the agreement. The applicant argued that the agreement was made in good faith and included all the mandated minimum terms. The respondent, on the other hand, contended that the agreement failed to meet the statutory requirements as it did not provide for a fair and equitable process in its negotiation and formation. The court considered the statutory definition of 'good faith', the content of the agreement, and the process by which it was negotiated. After careful analysis, the court concluded that the agreement was made in good faith and contained the necessary minimum terms and conditions. Therefore, the application for approval was granted.

The court's decision was based on the comprehensive review of the negotiation process and the contents of the agreement. The court found that the applicant had taken all reasonable steps to ensure the agreement was made in good faith and that the union had not provided sufficient evidence to the contrary. Furthermore, the court was satisfied that the agreement met all the statutory requirements for minimum terms and conditions. The final order of the court was that the application for approval of the ISS Facility Services and United Voice Canberra Hospital Enterprise Agreement 2018 - 2021 was granted.

ISS Health Services Pty Ltd T/A ISS Facility Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established