Spotless Facility Services

[2016] FWCA 9261

[2016] FWCA 9261

FAIR WORK COMMISSION

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

<Price code J, AE422838  PR588995>

Annexure A