SECUREmetro Cleaning Services Pty Ltd

[2014] FWCA 4475

[2014] FWCA 4475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SECUREmetro Cleaning Services Pty Ltd
(AG2014/1102)

SECUREMETRO CLEANING SERVICES PTY LTD CLEANING EMPLOYEE COLLECTIVE AGREEMENT 2014

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 9 JULY 2014

Application for approval of the SECUREmetro Cleaning Services Pty Ltd Cleaning Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SECUREmetro Cleaning Services Pty Ltd Cleaning Employee Collective Agreement 2014 (the Agreement). The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act) by SECUREmetro Cleaning Services Pty Ltd. It is a single-enterprise agreement.

[2] On reviewing the application further clarification was sought about range of matters. These concerned the arrangements to do with the averaging of hours, and the maximum number of ordinary hours to be worked by a full-time employee on each shift. Clauses 15 and 25 of the proposed Agreement were also not consistent in terms of providing common minimum engagement entitlements for part-time employees.

[3] A further issue concerned the apparent absence of any overtime entitlements in the proposed Agreement, and whether the rates proposed to be provided for employees working a 38 hour week non-rotating roster, on shifts rostered day/night Monday/Friday, necessarily satisfied the requirements of the “better off overall” test.

[4] The Applicant subsequently provided various details in response, together with a series of proposed undertakings.

[5] The undertakings deal with several of the matters about which further clarification was sought. They respond to the issue to do with the inconsistent minimum engagement provisions, and also provide for a detailed framework of overtime entitlements. They also propose to provide additional rates for level 3 employees working a non-rotating roster.

[6] I have accepted the undertakings given by the employer which will now form part of the Agreement and are attached to this decision.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Attachment A:

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