DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Russell Gibb Maxi-Clean Pty Ltd t/a MaxiClean
(AG2015/5967)

RUSSELL GIBB MAXI-CLEAN PTY LTD CASUAL EMPLOYEE COLLECTIVE AGREEMENT 2015

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Russell Gibb Maxi-Clean Pty Ltd Casual Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Russell Gibb Maxi-Clean Pty Ltd Casual Employee Collective 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 Russell Gibb Maxi-Clean Pty Ltd t/a MaxiClean. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 25 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Russell Gibb Maxi-Clean Pty Ltd trading as MaxiClean, the applicant sought approval of the 2015 Casual Employee Collective Agreement from the Fair Work Commission. The agreement aimed to establish terms and conditions for casual employees, including pay rates, shift patterns, and leave entitlements. The Fair Work Commission was tasked with determining whether the agreement complied with the relevant legislation and served the interests of the employees and the employer.

The primary legal issue was whether the terms of the proposed agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for procedural fairness, minimum wages, and other entitlements as mandated by law. The Court also had to consider if the agreement was genuinely negotiated and not imposed on the employees.

The Fair Work Commission found that the agreement met the legislative criteria. The agreement provided for fair pay and conditions, including minimum wage rates and reasonable shift patterns, and allowed for procedural fairness in the workplace. The Commission was satisfied that the agreement was the product of genuine bargaining between the parties and did not disadvantage the employees. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Russell Gibb Maxi-Clean Pty Ltd Casual Employee Collective Agreement 2015, recognising it as a valid and legally binding instrument. This approval ensures that the terms and conditions outlined in the agreement will govern the employment of casual employees within the company, provided they comply with the Fair Work Act 2009.

Russell Gibb Maxi-Clean Pty Ltd t/a MaxiClean

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established