DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Integrated Services Pty Ltd
(AG2017/2326)

ISS FACILITY SERVICES ONSLOW REGION CATERING & CLEANING AGREEMENT 2017

Hospitality industry
COMMISSIONER SAUNDERS	MELBOURNE, 12 JULY 2017

Application for approval of the ISS Facility Services Onslow Region Catering & Cleaning Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ISS Facility Services Onslow Region 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. 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 the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2017. The nominal expiry date of the Agreement is 11 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission (FWC) was an application by ISS Integrated Services Pty Ltd for the approval of the ISS Facility Services Onslow Region Catering & Cleaning Agreement 2017. The applicant sought approval under section 232 of the Fair Work Act 2009 (Cth). The respondent, the Health Services Union, opposed the application. The dispute centred around the terms and conditions of the proposed enterprise agreement, particularly concerning the classification of employees, wages, and working conditions.

The key legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions and if it met the requirements under section 230 of the Act. Specifically, the Commission had to determine if the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the prescribed terms and conditions of the Act. The Commission also considered the views of the employees and the overall fairness of the proposed terms.

In delivering its decision, the Commission examined the evidence provided by both parties and the submissions made. The Commission noted that the agreement contained terms that were generally consistent with the prescribed terms and conditions of the Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, particularly in relation to the classification of employees, wages, and working conditions. The Commission also considered the views of the employees, finding that the majority supported the proposed agreement. Based on these considerations, the Commission approved the agreement under section 232 of the Act.

The Fair Work Commission approved the ISS Facility Services Onslow Region Catering & Cleaning Agreement 2017. This decision was based on the Commission's determination that the agreement provided for fair and reasonable terms and conditions and complied with the requirements of the Fair Work Act 2009. The approval was effective from the date of the decision, and the agreement was to be implemented accordingly.

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