ISS Property Services Pty Ltd

[2015] FWCA 8293

[2015] FWCA 8293

FAIR WORK COMMISSION

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

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Annexure A: