DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2015/278)

ISS FACILITY SERVICES NEWMAN REGION WA AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Newman Region WA Agreement 2015 (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 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 the statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union (WA Branch), 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 26 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ISS Integrated Services Pty Ltd applied to the Fair Work Commission (FWC) for approval of the ISS Facility Services Newman Region WA Agreement 2015. The application was brought under section 235 of the Fair Work Act 2009, which provides that a registered organisation may apply to the FWC for an order that a registered agreement has the effect of an enterprise agreement. The application was contested by the Health Services Union of Australia, which argued that the agreement did not meet the requirements of the Act. The FWC was required to determine whether the application should be approved and, if so, whether any modifications should be made to the agreement.

The FWC considered whether the agreement was a genuine agreement within the meaning of the Fair Work Act. The court examined the process by which the agreement was negotiated and whether the parties had genuinely agreed to the terms of the agreement. The FWC found that the agreement was a genuine agreement as it was negotiated in good faith, and the parties had reached agreement on the terms of the agreement. The FWC also considered whether the agreement met the requirements of the Act, including whether it provided for the appropriate bargaining representatives, covered the appropriate employees, and included the required provisions. The FWC found that the agreement met the requirements of the Act.

The FWC approved the ISS Facility Services Newman Region WA Agreement 2015, subject to certain modifications. The modifications related to the definition of "employee" and the provision of annual leave. The FWC made these modifications to ensure that the agreement met the requirements of the Act. The FWC noted that the modifications did not materially affect the overall terms and conditions of the agreement.

The FWC made an order approving the ISS Facility Services Newman Region WA Agreement 2015, subject to the modifications made by the FWC. The order also provided that the agreement would have effect as an enterprise agreement from the date of the order.

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