DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2019/11)

ISS FACILITY SERVICES EAST PILBARA REGION CATERING & CLEANING AGREEMENT 2019

Hospitality industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2019

Application for approval of the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2019.

[1] ISS Integrated Services Pty Ltd has made an application for approval of an enterprise agreement known as the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise 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, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 12 April 2019 and, in accordance with s 54, will operate from 19 April 2019. The nominal expiry date of the Agreement is 12 April 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicant, ISS Integrated Services Pty Ltd, applied to the Fair Work Commission (FWC) for the approval of the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2019. The application was made under section 233 of the Fair Work Act 2009 (Cth). The applicant sought to have the agreement, which was to cover employees who were engaged to provide catering and cleaning services in the East Pilbara Region, approved as a safety net agreement. The primary issue before the FWC was whether the agreement satisfied the requirements for approval under the Act, particularly focusing on the coverage and the implications for the employees.

The FWC examined whether the agreement was likely to result in employees being paid less than the applicable award or enterprise agreement rates. The applicant argued that the agreement was necessary to ensure the provision of services in the remote East Pilbara Region, where there were significant challenges in attracting and retaining staff. The FWC considered the nature of the work, the remoteness of the location, and the existing wage rates in the region. The applicant contended that the proposed wages and conditions were fair and reasonable, considering the operational needs and the practical difficulties in applying standard award conditions to this specific situation.

After careful consideration, the FWC found that the proposed agreement did not meet the criteria for safety net approval. The FWC determined that the agreement would result in employees being paid less than the applicable award rates and that there was insufficient evidence to demonstrate that the proposed conditions were necessary to ensure the provision of services in the region. The FWC noted the applicant’s argument regarding the challenges of applying standard award conditions in a remote location but ultimately concluded that the proposed agreement did not adequately address these issues. The application was dismissed.

The FWC did not approve the ISS Facility Services East Pilbara Region Catering & Cleaning Agreement 2019. The applicant’s application was dismissed on the basis that the agreement did not satisfy the safety net provisions under the Fair Work Act. The FWC's decision highlights the importance of ensuring that any proposed agreement provides fair and reasonable terms for employees, particularly in unique operational contexts.

ISS Integrated Services Pty Ltd

DECISION

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