ISS Integrated Services Pty Ltd

[2024] FWCA 4584

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

ISS Integrated Services Pty Ltd

(AG2024/4435)

ISS INTEGRATED SERVICES PTY LTD WHITEHAVEN ENTERPRISE AGREEMENT 2024

Facilities services industry
DEPUTY PRESIDENT CROSS	SYDNEY, 19 DECEMBER 2024

Application for approval of the ISS INTEGRATED SERVICES PTY LTD WHITEHAVEN ENTERPRISE AGREEMENT 2024

An application has been made for approval of an enterprise agreement known as the ISS INTEGRATED SERVICES PTY LTD WHITEHAVEN ENTERPRISE AGREEMENT 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ISS Integrated Services Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

I note that the Agreement contains an NES precedence clause at cl. 6, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2024. The nominal expiry date of the Agreement is 20 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the ISS Integrated Services Pty Ltd Whitehaven Enterprise Agreement 2024. The applicant, ISS Integrated Services Pty Ltd, sought to have the proposed agreement approved by the Fair Work Commission under the Fair Work Act 2009. The dispute revolves around whether the proposed agreement meets the necessary standards for approval, including whether it ensures fairness and complies with the relevant provisions of the Act.

The central legal issues before the Commission were whether the proposed agreement adequately provided for the terms and conditions of employment for the employees covered by the agreement, and whether it met the "better off overall test" as required by section 233 of the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission also had to consider whether the agreement contained provisions that were contrary to public policy or not in the best interests of the employees.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission considered the evidence provided by both parties, the terms of the agreement, and the submissions made regarding the "better off overall test". The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any provisions that were contrary to public policy. The Commission also concluded that the employees would be better off overall under the new agreement. Therefore, the application for approval was successful.

In conclusion, the Fair Work Commission approved the ISS Integrated Services Pty Ltd Whitehaven Enterprise Agreement 2024. The Commission determined that the proposed agreement met the necessary legal standards for approval, including the "better off overall test" and did not contain any provisions that were contrary to public policy. The agreement is now in effect and will govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established