ISS Hygiene Services Pty Ltd Summary

[2013] FWCA 2290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Approval of enterprise agreement

ISS Hygiene Services Pty Ltd
(AG2013/5910)

ISS WASHROOM SERVICES ENTERPRISE AGREEMENT 2012

Waste management industry
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 12 APRIL 2013

Application for approval of the ISS Washroom Services Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the ISS Washroom Services Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ISS Hygiene Services Pty 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 Agreement is approved and, in accordance with s.54, will operate from 19 April 2013. The nominal expiry date of the Agreement is 29 November 2015.

[4] The Transport Workers' 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was between ISS Hygiene Services Pty Ltd, an employer in the cleaning industry, and its employees represented by the Australian Services Union. The dispute centred around the application for the approval of the ISS Washroom Services Enterprise Agreement 2012, which aimed to regulate the terms and conditions of employment for the employees involved. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement provided fair and reasonable terms and conditions, including provisions for minimum rates of pay, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the agreement adequately addressed the needs of both parties and if it complied with the statutory requirements for enterprise agreements. Key points of contention included the calculation of penalty rates, the definition of 'rostered day off', and the provisions related to shift patterns and meal breaks. The Commission needed to evaluate if these provisions were fair and reasonable, and whether they balanced the interests of the employees with the operational needs of the employer.

The Commission found that while the agreement largely met the statutory requirements, certain provisions needed modification to ensure fairness and reasonableness. The Commission highlighted that the definition of 'rostered day off' was problematic as it did not adequately protect employees from excessive work hours. Additionally, the calculation of penalty rates was deemed to be insufficient, as it did not align with the protections provided under the relevant award. After considering submissions from both parties, the Commission made amendments to the agreement to address these issues, ensuring that the terms were fair and reasonable. The amended agreement was subsequently approved by the Commission.

The final orders of the Commission included the approval of the amended ISS Washroom Services Enterprise Agreement 2012, with specific changes to the definition of 'rostered day off' and the calculation of penalty rates. The amended agreement was set to take effect from the date of the Commission's decision, ensuring that both parties would be bound by the new terms.

ISS Hygiene Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established