Phillip Arcidiacono T/A Rose Cleaning Service

Phillip Arcidiacono, trading as Rose Cleaning Service, applied to the Fair Work Commission to terminate two collective agreements. The agreements in question were the Rose Cleaning Service and LHMU Clean Start Union Collective Agreement 2008, and the Phillips Cleaning Service and LHMU Clean Start Union Collective Agreement 2010, both of which applied to ACT Government Schools. The LHMU Clean Start Union sought to intervene in the proceedings.

The central legal issue before the commission was whether the agreements could be terminated under section 237 of the Fair Work Act 2009. This section permits termination if the commission is satisfied that the agreement is no longer appropriate or if it fails the better off overall test. The commission had to determine whether the agreements were no longer fit for purpose or if there were substantial changes in the workplace that warranted their termination.

The commission considered the evidence and submissions from both parties. It found that there had been changes in the workplace, including shifts in the cleaning services industry and the impact of technological advancements. However, the commission concluded that these changes did not render the agreements inappropriate or inequitable. Furthermore, the commission determined that the agreements continued to meet the better off overall test, as they provided fair and reasonable terms for the employees. Therefore, the commission dismissed the applications for termination of both collective agreements. The commission did not find that the agreements were no longer suitable or that they failed the better off overall test.