Quad Services Pty Ltd

[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:

Printed by authority of the Commonwealth Government Printer

Quad Services Pty Ltd was involved in an application to the Fair Work Commission concerning the approval of the Quad (Wesley Hospital) Enterprise Bargaining Agreement (EBA). The dispute involved the terms and conditions of employment, particularly regarding the classification and wages of the employees, as well as other employment-related matters. The application was heard by the Fair Work Commission, which is responsible for resolving workplace disputes and overseeing the approval of EBAs in Australia.

The legal issues before the Commission were whether the proposed EBA met the criteria for approval under the Fair Work Act 2009, and whether the terms of the agreement were fair and reasonable in all circumstances. The Commission had to consider whether the EBA provided for a fair and efficient workplace, protected employees' rights, and ensured that the agreement was made in good faith. Additionally, the Commission needed to ensure that the EBA complied with the relevant industrial laws and did not undermine the existing protections for employees.

The Commission found that the proposed EBA contained terms that were fair and reasonable, and that it met the criteria for approval under the Fair Work Act. The Commission concluded that the agreement provided for a fair and efficient workplace, protected employees' rights, and was made in good faith. The Commission also found that the EBA did not undermine the existing protections for employees and complied with the relevant industrial laws. As a result, the Commission approved the Quad (Wesley Hospital) EBA.

The Fair Work Commission approved the Quad (Wesley Hospital) EBA, subject to certain conditions. The approval was effective from the date of the decision, and the EBA would apply to the employees covered by the agreement. The decision provided a framework for the implementation of the EBA and outlined the responsibilities of both the employer and the employees. The Commission's decision was binding on both parties and would govern the employment conditions of the employees until the next scheduled review or until the agreement was varied or terminated in accordance with the Fair Work Act.

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Legal Principle Established