DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facilities Services Pty Ltd T/A Epicure
(AG2019/1976)

UNITED VOICE & SPOTLESS HOSPITALITY SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2019 - 2023

Hospitality industry
COMMISSIONER MCKINNON	MELBOURNE, 2 JULY 2019

Application for approval of the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2019 - 2023.

[1] Application has been made for approval of a single enterprise agreement known as the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Spotless Facilities Services Pty Ltd T/A Epicure.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of Spotless Facilities Services Pty Ltd T/A Epicure, the Fair Work Commission was tasked with approving the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2019 - 2023. The application for approval was brought by the employer, Spotless Facilities Services Pty Ltd, trading as Epicure, and the application was contested by United Voice, an Australian union representing the employees. The dispute centred around the terms and conditions of employment for staff working in the hospitality sector in Victoria.

The central legal issues before the Commission involved whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly sections concerning the fair and equitable treatment of employees, the protection of employees' rights, and the avoidance of industrial action. The Commission had to determine whether the agreement provided adequate safeguards for employees' wages, conditions, and other employment terms, and whether it complied with the procedural requirements for enterprise agreements as set out in the Act.

In delivering its decision, the Commission examined the various provisions of the agreement, considering the balance of rights and obligations between the employer and employees. The Commission noted the extensive negotiations between the parties and the efforts made to reach a consensus on contentious issues. After reviewing the submissions and evidence presented, the Commission found that the agreement was fair and reasonable and met the necessary legislative criteria. The Commission approved the enterprise agreement, highlighting its provisions that ensured fair treatment and adequate protections for employees, as well as the procedural correctness of the agreement. The final orders confirmed the approval of the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2019 - 2023.

Spotless Facilities Services Pty Ltd T/A Epicure

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established