DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solutions Facilities Management Pty Ltd
(AG2020/1508)

SOLUTIONS FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2020

Building services
COMMISSIONER WILSON	MELBOURNE, 22 JUNE 2020

Application for approval of the Solutions Facilities Management Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Solutions Facilities Management Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solutions Facilities Management Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 29 June 2020. The nominal expiry date of the Agreement is 22 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Solutions Facilities Management Pty Ltd recently came before the Fair Work Commission, where the company sought approval for its proposed Enterprise Agreement. This agreement was intended to govern the terms and conditions of employment for certain employees in the facilities management sector. The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the agreement. The legal issues before the commission centred on whether the agreement met the requirements set out in the Act, particularly in relation to the process by which it was made and its compliance with the "better off overall test." This test ensures that employees are not worse off financially under the new agreement than they were under their previous award or agreement. The commission needed to assess whether the agreement provided a safety net for employees and whether it was made in good faith.

The commission closely examined the process through which the agreement was negotiated, including whether genuine bargaining had occurred and whether there was adequate representation of the employees. Additionally, the commission considered the provisions of the proposed agreement, particularly in terms of pay, leave entitlements, and other working conditions, to determine if they met the statutory standards. The evidence presented by Solutions Facilities Management and the union representing the employees played a critical role in the commission's deliberations. The commission found that the agreement had been made in good faith, with adequate representation and genuine bargaining. The provisions of the agreement were deemed to be fair and balanced, meeting the "better off overall test" by providing a safety net for the employees.

Consequently, the Fair Work Commission approved the Solutions Facilities Management Enterprise Agreement 2020. The decision highlighted the importance of the good faith bargaining process and the need for agreements to offer a fair balance of benefits and obligations for both employers and employees. This ruling sets a precedent for similar agreements in the facilities management industry, reinforcing the statutory obligations under the Fair Work Act. The final orders included the approval of the agreement, which will now govern the employment conditions of the relevant employees, effective from the date of the commission's decision.

Solutions Facilities Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established