ISS Integrated Services Pty Ltd

[2014] FWCA 5800

[2014] FWCA 5800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a greenfields agreement

ISS Integrated Services Pty Ltd
(AG2014/7086)

ISS FACILITY SERVICES RELIEF POOL WA AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 AUGUST 2014

Application for approval of the ISS Facility Services Relief Pool WA Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by ISS Integrated Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a greenfields agreement to be known as the ISS Facility Services Relief Pool WA Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and was concluded on 1 August 2014. The application was lodged on 11 August 2014, thereby satisfying s 185(4) of the Act. The Agreement is to cover employees who are engaged in the provision of catering, cleaning and facilities management services in fulfilment of a contract to provide relief operations in the Pilbara. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] In addition, I am satisfied that the Union is entitled to represent the industrial interests of a majority of the prospective employees who will be covered by the Agreement, in relation to work performed under the Agreement (s 187(5)(a)).

[3] In the Employer’s Declaration in support of the application (Form F20) Mr J Moore, National General Manager Industrial Relations identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Moore said that the Agreement provides for higher rates of pay than under the Modern Award and that there are no less beneficial terms. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7 and 8 respectively, and a disputes resolution procedure at clause 9 provides for conciliation, mediation and arbitration by the Commission.

[4] At a hearing of the application on 20 August 2014, Mr J Moore appeared for the applicant and Mr S O’Reilly for the Union. The Union had filed a Declaration in relation to the application (Form F21) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement. Mr Moore outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that it was anticipated that employees would be brought on fairly shortly after the approval of the Agreement; within 4 to 6 weeks. Mr O’Reilly supported the submissions of Mr Moore.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 182, 186 and 187, in so far as relevant to this application, have been met. In particular, pursuant to s 187(5)(b), I am satisfied that the approval of the Agreement is in the public interest. Accordingly, I approve a single enterprise agreement known as the ISS Facility Services Relief Pool WA Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 27 August 2014 and have a nominal expiry date of 26 August 2018.

DEPUTY PRESIDENT

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