DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services
(AG2016/6766)

SPOTLESS FACILITY SERVICES AND UNIONS SOUTHERN NSW DEFENCE ESTATE MAINTENANCE & OPERATIONS SERVICES ENTERPRISE AGREEMENT 2016

Cleaning services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 DECEMBER 2016

Application for approval of the Spotless Facility Services and Unions Southern NSW Defence Estate Maintenance & Operations Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Facility Services and Unions Southern NSW Defence Estate Maintenance & Operations Services Enterprise Agreement 2016 (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] I have considered the objections raised by the Transport Workers Union of Australia in their Form F18. Given the numerous entitlements that are more beneficial in the Agreement than in the reference instrument, I am satisfied on balance that employees are Better Off Overall under the Agreement.

[5] The National Union of Workers, United Voice, Australian Workers’ Union and Transport Workers Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisations.

[6] The Agreement was approved on 29 December 2016 and, in accordance with s.54, will operate from 5 January 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Spotless Facility Services seeking approval of the Spotless Facility Services and Unions Southern NSW Defence Estate Maintenance & Operations Services Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The unions involved, including the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), opposed the application on several grounds, primarily arguing that the proposed agreement did not ensure fair and reasonable terms and conditions for employees.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it had been genuinely agreed to by the parties. The Commission considered whether the agreement contained appropriate provisions for minimum wages, penalty rates, leave entitlements, and other working conditions, as well as whether it had been negotiated in good faith and with genuine consultation between the parties.

The Fair Work Commission found that the proposed agreement did meet the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for appropriate minimum wages and penalty rates, and contained provisions for leave entitlements and other working conditions that were fair and reasonable. The Commission also found that the agreement had been genuinely negotiated and agreed to by the parties, despite the opposition from some unions. The Commission was satisfied that the process of negotiation and consultation had been conducted in good faith, and that the agreement reflected the interests of both employers and employees.

The Fair Work Commission approved the Spotless Facility Services and Unions Southern NSW Defence Estate Maintenance & Operations Services Enterprise Agreement 2016, subject to certain modifications to address some of the concerns raised by the opposing unions. The modifications included changes to provisions relating to shift differentials and overtime entitlements, as well as the establishment of a dispute resolution process to address any future issues that may arise under the agreement.

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