DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services
(AG2017/1658)

SPOTLESS GROUP LIMITED NORTHERN QUEENSLAND DEFENCE ESTATE MAINTENANCE AND OPERATION SERVICES ENTERPRISE AGREEMENT 2017

Cleaning services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JULY 2017

Application for approval of the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spotless Facility Services. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 United Voice, Transport Workers’ Union of Australia and National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 5 July 2017 and, in accordance with s.54, will operate from 12 July 2017. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the court was brought by Spotless Facility Services, the registered employer, seeking approval of an enterprise agreement. The agreement in question is the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2017. The dispute centred around the validity and fairness of the terms proposed in the agreement, with concerns raised by various stakeholders about potential implications for employee rights and conditions.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith, whether it contained genuine bargaining between the parties, and whether the terms were fair and reasonable. Additionally, the court needed to determine whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Registered Organisations) Regulations 2011.

The court carefully reviewed the submissions and evidence presented by both parties. It found that the agreement was made in good faith and reflected genuine bargaining between the employer and the employees' representatives. The court considered various factors, including the process of negotiation, the content of the agreement, and the compliance with statutory requirements. Ultimately, the court was satisfied that the agreement was fair and reasonable, and it approved the application for the agreement to be registered. The decision was based on the thorough examination of the bargaining process and the contents of the agreement, which demonstrated compliance with the necessary legislative standards.

Spotless Facility Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established