DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Property Services Pty Ltd
(AG2015/5983)

ISS FACILITY SERVICES CITIC PACIFIC - TRANSHIPPER WA AGREEMENT 2015

Hospitality industry
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the ISS Facility Services CITIC PACIFIC - TRANSHIPPER WA Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the ISS Facility Services CITIC PACIFIC - TRANSHIPPER WA Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by ISS Property Services Pty Ltd.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187 and 190 of the Act 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 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.

[4] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 9 December 2015. The nominal expiry date of the Agreement is 2 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case before the Fair Work Commission involved ISS Property Services Pty Ltd, which sought approval of an enterprise agreement with its employees. The proposed agreement, known as the ISS Facility Services CITIC PACIFIC - TRANSHIPPER WA Agreement 2015, was contested by the union representing the employees. The matter was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement was genuinely an enterprise agreement, whether it complied with the procedural requirements, and whether it contained terms that were adverse to the employees in a manner that was not reasonably required to achieve a legitimate work-related purpose. The Commission also needed to consider whether the agreement had been made in good faith and whether it contained the required minimum terms and conditions of employment.

In reaching its decision, the Commission considered the evidence provided by both parties and the statutory provisions governing enterprise agreements. It found that the agreement was genuinely an enterprise agreement, had been made in good faith, and complied with the procedural requirements. The Commission also concluded that the adverse terms of the agreement were reasonably required to achieve a legitimate work-related purpose and did not contravene the Fair Work Act. Consequently, the Commission approved the ISS Facility Services CITIC PACIFIC - TRANSHIPPER WA Agreement 2015.

The Commission's approval of the agreement means that it will now be legally binding on both ISS Property Services Pty Ltd and its employees. The terms of the agreement will govern the employment conditions of the employees covered by the agreement, including their wages, hours of work, and other employment-related matters. The approval of the agreement resolves the dispute between the parties and ensures that the employees will have a legally enforceable agreement that sets out their rights and obligations in the workplace.

ISS Property 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