Spotless Facility Services

[2017] FWCA 6878

[2017] FWCA 6878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Spotless Facility Services
(AG2017/2214)

SPOTLESS GROUP LIMITED SOUTHERN QUEENSLAND DEFENCE ESTATE MAINTENANCE AND OPERATION SERVICES ENTERPRISE AGREEMENT 2016

Cleaning services
COMMISSIONER HUNT	BRISBANE, 19 DECEMBER 2017

Application for approval of the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2016.

[1] Spotless Facility Services (Spotless) has applied for approval of an enterprise agreement known as the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) informed Spotless it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 15 December 2017 undertakings were provided by Spotless. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia, United Voice and National Union of Workers, being bargaining representatives for the Agreement have each 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 these organisations.

[5] I have taken into consideration the material filed in the Commission. 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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Annexure A