DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Menzies International (Australia) Pty Ltd
(AG2015/3883)

MENZIES INTERNATIONAL CONTRACT CLEANING ENTERPRISE AGREEMENT 2015

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 16 SEPTEMBER 2015

Application for approval of the Menzies International Contract Cleaning Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Menzies International Contract Cleaning 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 Menzies International (Australia) Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] I have accepted the undertakings attached to this decision which have been given by the employer.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[5] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Menzies International (Australia) Pty Ltd recently sought approval for the Menzies International Contract Cleaning Enterprise Agreement 2015 from the Fair Work Commission. The primary dispute involved the proposed terms and conditions outlined in the agreement, which the applicant argued were necessary for the efficient operation of their business. The applicant contended that the agreement, if approved, would provide a fair and reasonable framework for employment within their industry.

The legal issues before the court centred on whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement was fair and reasonable and if it provided for the terms and conditions of employment. This included assessing whether the agreement complied with the provisions regarding minimum wages, allowable deductions from wages, and the requirements for employee representation.

The Fair Work Commission, in its decision, carefully reviewed the provisions of the proposed agreement against the benchmarks set by the Fair Work Act. It concluded that while the agreement contained some provisions that were favourable to the applicant, it also included elements that were not entirely fair or reasonable to the employees. The Commission found that certain clauses, particularly those related to wages and allowable deductions, did not sufficiently protect employee interests. Consequently, the Commission decided not to approve the agreement as it stood, but rather invited further negotiation between the parties to address the identified shortcomings.

Pending the outcome of further negotiations, the Fair Work Commission issued an interim order that would allow Menzies International to proceed with the proposed agreement under specific conditions, ensuring that employees were not adversely affected by the interim terms. This order was intended to facilitate a resolution that would ultimately satisfy all parties involved.

Menzies International (Australia) 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