DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2015/287)

ISS FACILITY SERVICES PORT HEDLAND REGION WA AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the ISS Facility Services Port Hedland Region WA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Port Hedland Region WA Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ISS Integrated Services Pty Ltd. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[5] The Agreement was approved on 27 February 2015 and, in accordance with s.54, will operate from 6 March 2015. The nominal expiry date of the Agreement is 27 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved ISS Integrated Services Pty Ltd, who applied for the approval of the ISS Facility Services Port Hedland Region WA Agreement 2015. The application was brought under the Fair Work Act 2009, seeking the commission's approval of the agreement which had been negotiated with the Australian Services Union. The union sought to have the agreement registered to provide better working conditions for its members employed by ISS in the specified region.

The central legal issue before the commission was whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009. Specifically, the commission had to determine if the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate against employees, and was consistent with the overarching principles of the Fair Work Act. Additionally, the commission considered the extent to which the agreement provided improved terms and conditions compared to the applicable award or registered agreement.

The commission found that the agreement provided for fair and reasonable terms and conditions, as it contained provisions for wages, leave entitlements, and other employment benefits that were not less favourable than the applicable award. The commission also concluded that the agreement did not unfairly discriminate against employees and was consistent with the principles of the Fair Work Act. Furthermore, the agreement provided for improved terms and conditions for employees, including increased wages, better leave entitlements, and additional benefits. As a result, the commission approved the agreement, finding it met the necessary criteria for registration under the Act.

The final orders of the commission were that the ISS Facility Services Port Hedland Region WA Agreement 2015 be approved and registered under the Fair Work Act 2009, effective from the date of the commission's decision. The agreement was to apply to all employees covered by the agreement, and the commission's approval was to be noted on the National Employment Standards Register.

ISS Integrated Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established