Logical Property Services

[2019] FWCA 5158

[2019] FWCA 5158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Logical Property Services
(AG2019/1806)

LOGICAL PROPERTY SERVICES VIVA ENERGY AUSTRALIA GEELONG ENTERPRISE AGREEMENT 2019

Cleaning services
COMMISSIONER LEE	MELBOURNE, 30 JULY 2019

Application for approval of the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Logical Property Services Viva Energy Australia Geelong Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Logical Property Services. The Agreement is a single enterprise agreement.

[2] The Employer 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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 16 – Abandonment of Employment;

•  Clause 38 – Public Holidays.

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A