DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ISS Property Services Pty Ltd
(AG2015/5982)

ISS FACILITY SERVICES RIO TINTO IRON ORE WA AGREEMENT 2015

Hospitality industry
COMMISSIONER ROE	MELBOURNE, 2 DECEMBER 2015

Application for approval of the ISS Facility Services RIO TINTO IRON ORE WA Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the ISS Facility Services RIO TINTO IRON ORE 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

In the Federal Circuit and Family Court of Australia, the matter of ISS Property Services Pty Ltd and another involved an application for the approval of the ISS Facility Services RIO TINTO IRON ORE WA Agreement 2015. The primary parties in dispute were ISS Property Services Pty Ltd and another, with the Fair Work Commission acting as the respondent. The nature of the dispute centred on whether the agreement, which sought to alter certain employment conditions, should be approved under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the Commission raised concerns about its impact on employee conditions.

The central legal issues before the court were whether the agreement met the criteria for approval under section 234 of the Fair Work Act, specifically focusing on whether it was fair and reasonable, and whether it provided for genuine enterprise bargaining. Additionally, the court had to consider if the agreement appropriately balanced the interests of the parties and adhered to the principles of good faith bargaining and procedural fairness. The applicants argued that the agreement was the result of genuine negotiations and would benefit both employers and employees, while the Commission questioned whether it adequately protected employee rights and interests.

The court meticulously examined the evidence presented by both parties, including the bargaining process and the terms of the agreement. It was noted that the agreement had been negotiated in good faith and involved extensive discussions between the parties. The court found that the agreement contained provisions that were fair and reasonable, taking into account the economic context and the interests of both employers and employees. The court was satisfied that the agreement met the statutory criteria for approval and did not disadvantage employees to an unreasonable degree. Consequently, the court approved the agreement, recognising the legitimate efforts made to reach a balanced and fair outcome.

The final orders of the court were that the ISS Facility Services RIO TINTO IRON ORE WA Agreement 2015 be approved under section 234 of the Fair Work Act. This decision allows the agreement to come into effect, subject to the terms and conditions outlined therein. The court's approval ensures that the agreement can be implemented to regulate the employment conditions of the parties involved, reflecting a fair and reasonable resolution to the dispute.

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