Quad Services Pty Ltd

[2014] FWCA 3441

[2014] FWCA 3441

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Quad Services Pty Ltd
(AG2014/98)

QUAD (WESLEY HOSPITAL) EBA

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2014

Application for approval of the Quad (Wesley Hospital) EBA.

[1] An application has been made for approval of an enterprise agreement known as the Quad (Wesley Hospital) EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Quad Services Pty Ltd. It is a single-enterprise agreement.

[2] On reviewing the application clarification was sought about several aspects. Firstly, the F17 Employer Declaration appeared to be in conflict with clause 5.4 in the proposed Agreement, which provides any annual wage review increases handed down during the life of the Agreement will be absorbed into the existing rates. Secondly, clarification was sought about whether part-time employees could be disadvantaged when compared with the relevant modern award on any occasion when they work excess of their agreed hours. Thirdly, the shiftwork and severance pay provisions appeared to potentially be in conflict with the requirements of the National Employment Standards.

[3] Clarification was finally sought about which modern award is intended to apply for the purposes of the “better off overall” test comparison.

[4] The Applicant provided various explanations and some additional undertakings in response. The undertakings confirm:

• where a shift worker works a majority of Sundays during the course of a year they will be entitled to an additional weeks annual leave; and



• the rates to be paid to part-time employees at Level 1.1 – 1.3 of the classification structure must be paid at no less than $20.11 per hour from 1 July 2014, being the relevant rate in the Cleaning Services Award 2010. Thereafter, those rates must be maintained at no less than the relevant Modern Award rate.

[5] I have accepted those undertakings which have been given by the employer and are attached to this decision, and will now form part of the Agreement. I am also satisfied with the additional explanations provided by the Applicant in response to the matters raised by the Commission.

[6] It is also noted that the copy of the Agreement originally submitted with the application was incomplete. However, a further complete copy was subsequently provided, together with an assurance from the Applicant’s representative that this was a copy of the concluded Agreement voted on by the employees.

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

[8] United Voice and The Australian Workers Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2014. The nominal expiry date of the Agreement is 5 June 2017.

COMMISSIONER

Attachment A:

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