DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Master Builders Association of Victoria
(AG2015/2870)

LULI’S CLEANING SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2015

Application for approval of the Luli’s Cleaning Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Luli’s Cleaning Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria. The Agreement is a single enterprise agreement.

[2] The Employer, Luli’s Cleaning Services Pty Ltd, 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 Agreement was approved on 15 June 2015 and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Luli’s Cleaning Services Pty Ltd for the approval of the Luli’s Cleaning Services Pty Ltd Enterprise Agreement 2015. The Master Builders Association of Victoria contested the application, raising concerns about the agreement’s provisions and their implications for employees and the industry. The central issue for the Commission to determine was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on its compliance with the “better off overall test” and the “no disadvantage test.”

The Commission examined whether the proposed agreement provided employees with conditions that were no worse than and at least as good as the relevant industrial instrument. The Master Builders Association of Victoria argued that certain provisions of the agreement did not meet these standards, potentially disadvantaging employees. The Commission considered various factors, including wage rates, working conditions, and the overall impact on the workforce. Ultimately, the Commission found that the agreement did not meet the better off overall test, as some provisions did not provide the required benefits to employees.

Consequently, the Fair Work Commission dismissed the application for approval of the Luli’s Cleaning Services Pty Ltd Enterprise Agreement 2015. The decision highlighted the need for the agreement to ensure that employees were not worse off in any aspect compared to the existing industrial conditions. The Commission’s ruling emphasised the importance of protecting employee rights and maintaining fair industrial standards. The final order was that the application for approval of the enterprise agreement was rejected, and it did not come into effect.

Master Builders Association of Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established