DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omega Cleaning Group Pty Ltd
(AG2014/10102)

OMEGA CLEANING GROUP PTY LTD ENTERPRISE AGREEMENT

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2015

Application for approval of the Omega Cleaning Group Pty Ltd Enterprise Agreement.

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

[2] The proposed Agreement does not contain the particular provisions in the consultation clause dealing with changes to employees’ regular roster or ordinary hours of work that are required by the Act. Therefore in accordance with 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.

[3] I am otherwise satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application have been met.

[4] The Agreement was approved on 5 March 2015 and, in accordance with s.54, will operate from 12 March 2015. The nominal expiry date of the Agreement is 11 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omega Cleaning Group Pty Ltd sought approval for their Enterprise Agreement from the Fair Work Commission. The applicants, representing employees, contested the agreement's provisions concerning penalty rates, arguing they were inadequate. The court was tasked with determining whether the agreement met the statutory requirements for approval and if it provided for fair and reasonable terms and conditions of employment.

The primary legal issues revolved around whether the agreement was genuinely bargained and if it provided for the minimum terms as required by the Fair Work Act. The court had to examine if the agreement contained the prescribed minimum terms and conditions, and whether it provided for fair and reasonable terms of employment, including adequate provisions for penalty rates. The court also needed to assess if the agreement was genuinely negotiated between the parties and if it complied with the procedural requirements for approval.

The Fair Work Commission found that the agreement was genuinely negotiated and contained the prescribed minimum terms. The court held that the agreement provided for fair and reasonable terms of employment, including appropriate provisions for penalty rates, thus meeting the statutory requirements. The commission noted that while the applicants raised concerns about the penalty rates, the overall agreement was fair and reasonable, taking into account the nature of the work and the bargaining power of the parties.

The Fair Work Commission approved the Enterprise Agreement. The applicants' objections were dismissed, and the agreement was registered, effective from the date of the decision. The court's approval was based on the comprehensive evaluation of the agreement's provisions and its compliance with the statutory requirements.

Omega Cleaning Group 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