DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2017/2327)

ISS FACILITY SERVICES NICKEL WEST CATERING & CLEANING AGREEMENT 2017

Hospitality industry
COMMISSIONER SAUNDERS	MELBOURNE, 15 AUGUST 2017

Application for approval of the ISS Facility Services Nickel West Catering & Cleaning Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Nickel West Catering & Cleaning Agreement 2017 (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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187 and 190 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are 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.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2017. The nominal expiry date of the Agreement is 14 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved ISS Integrated Services Pty Ltd, the applicant, seeking approval for the ISS Facility Services Nickel West Catering & Cleaning Agreement 2017. This agreement was a single-facility agreement covering employees who were engaged in the provision of catering and cleaning services at a nickel processing facility in Western Australia. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it sought to cover. The Commission was tasked with determining these issues in the context of a broader application for approval of the agreement.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it was in the best interests of the employees it was intended to cover. Specifically, the Commission had to consider whether the agreement was genuinely negotiated, whether it covered only matters that were genuinely appropriate for agreement, and whether the terms of the agreement were fair and reasonable. Additionally, the Commission had to ensure that the process leading up to the negotiation and execution of the agreement was compliant with the Act.

In reaching its decision, the Commission thoroughly examined the negotiation process, the content of the agreement, and the interests of the employees. It found that the agreement had been genuinely negotiated between the parties, with evidence of genuine bargaining and consultation. The Commission was satisfied that the agreement covered matters genuinely appropriate for agreement and that the terms were fair and reasonable. Furthermore, the Commission was convinced that the process leading to the agreement was compliant with the requirements of the Fair Work Act. Based on these findings, the Commission concluded that the proposed agreement was in the best interests of the employees it sought to cover and approved the application.

The Commission made an order approving the ISS Facility Services Nickel West Catering & Cleaning Agreement 2017. This order was effective from the date of the decision and would remain in force until superseded by a subsequent agreement or until terminated in accordance with its terms. The approval meant that the agreement would provide the legal framework for the employment conditions of the covered employees, ensuring that they were governed by a fair and reasonable set of terms agreed upon through a genuine negotiation process.

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