DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2015/286)

ISS FACILITY SERVICES BHP MINING, SPINIFEX VILLAGE WA AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the ISS Facility Services BHP Mining, Spinifex Village WA Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services BHP Mining, Spinifex Village 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 Fair Work Commission involved ISS Integrated Services Pty Ltd, an employer, and a union, which sought approval of the ISS Facility Services BHP Mining, Spinifex Village WA Agreement 2015. The dispute centred on whether the agreement, which aimed to govern the terms and conditions of employment for workers at the Spinifex Village in Western Australia, complied with the relevant industrial laws and if the union's representation of the employees was valid. The Commission was tasked with determining if the agreement was made in good faith, if the union had genuinely represented the employees, and if the agreement met the necessary standards under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement had been made in good faith, whether the union had genuinely represented the employees, and if the agreement contained the minimum terms and conditions required by the Act. The employer argued that the agreement did not meet the necessary standards, while the union contended that it had genuinely represented the employees and that the agreement was made in good faith. The Commission needed to carefully examine the process by which the agreement was made, the representation of the employees by the union, and the content of the agreement to make its determination.

In its decision, the Commission found that the agreement was made in good faith and that the union had genuinely represented the employees. The Commission noted that the process by which the agreement was made was transparent and that the union had properly consulted with the employees. The Commission also found that the agreement contained the minimum terms and conditions required by the Act and was therefore valid. The Commission approved the agreement, stating that it met all the necessary requirements under the Act and was in the best interests of the employees. The employer's application for approval of the agreement was successful.

The Commission ordered that the ISS Facility Services BHP Mining, Spinifex Village WA Agreement 2015 be approved and registered with the Fair Work Commission. The agreement was to be binding on the employer and the employees, and the terms and conditions set out in the agreement were to apply to the employment of the workers at the Spinifex Village. The Commission's decision provided clarity on the legal issues at hand and ensured that the agreement was valid and binding on all parties involved.

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