Logical Property Services Pty Ltd

[2022] FWCA 3735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Logical Property Services Pty Ltd

(AG2022/4289)

Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2022

Cleaning services
DEPUTY PRESIDENT BELL	MELBOURNE, 25 OCTOBER 2022

Application for approval of the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Logical Property Services Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 25 October 2022 and, in accordance with s.54 of the Act, will operate from 1 November 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Logical Property Services Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission, a body established under the Fair Work Act 2009 to oversee and facilitate the resolution of workplace disputes. The dispute arose from negotiations between Logical Property Services and Viva Energy Australia Geelong employees, represented by the Transport Workers Union of Australia, which resulted in the proposed Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2022. The union objected to the proposed agreement on several grounds, arguing it was not in the best interests of the employees, did not meet the ‘better off overall test’, and was unfair in nature.

The Commission had to determine whether the proposed agreement met the statutory requirements set forth in the Fair Work Act. Specifically, the Commission had to consider if the agreement was fair, whether it met the ‘better off overall test’, and if it was genuinely agreed upon by the parties involved. The union's primary contention was that the agreement did not sufficiently address the employees' interests, particularly in relation to pay rates and conditions. The Commission assessed the fairness of the agreement by examining the terms and conditions, the process of negotiation, and the overall impact on the employees.

After careful consideration of the submissions and evidence presented, the Commission found that the proposed agreement was fair and met the statutory requirements. The Commission determined that the agreement provided a fair and reasonable outcome for the employees, and that it met the ‘better off overall test’. The Commission also found that the agreement was genuinely negotiated between the parties. Consequently, the Commission approved the proposed enterprise agreement, rejecting the union's objections.

The Fair Work Commission approved the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2022. The Commission found that the agreement was fair and met the statutory requirements, and that it provided a fair and reasonable outcome for the employees. The union's objections were dismissed, and the agreement was approved as a binding enterprise agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established