Spotless Facility Services Proprietary Limited Summary

[2013] FWCA 7264

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Proprietary Limited
(AG2013/2653)

SPOTLESS RESEOURCES - PORT BONYTHON SECURITY - ENTERPRISE AGREEMENT 2013

Security services
COMMISSIONER GREGORY	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the Spotless Resources - Port Bonython Security - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Resources - Port Bonython Security - Enterprise Agreement 2013 (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 Proprietary Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 28 January 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Facility Services Proprietary Limited applied to the Fair Work Commission for approval of the Spotless Resources - Port Bonython Security - Enterprise Agreement 2013. The application was brought before the Fair Work Commission by Spotless Facility Services Proprietary Limited. The dispute centred around whether the proposed enterprise agreement met the necessary legal requirements for approval, particularly in relation to the provisions concerning the dismissal of employees and the application of the agreement to employees covered by other agreements.

The central legal issue before the Commission was whether the provisions in the enterprise agreement regarding the dismissal of employees were fair and reasonable. Specifically, the Commission needed to determine if these provisions complied with the Fair Work Act 2009. The Commission also had to consider whether the agreement adequately addressed the concerns raised by the application for its approval.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the provisions concerning the dismissal of employees in the proposed enterprise agreement were fair and reasonable. The Commission concluded that the agreement met all the legal requirements for approval under the Fair Work Act 2009. The Commission approved the Spotless Resources - Port Bonython Security - Enterprise Agreement 2013, noting that the agreement provided for fair terms and conditions of employment and addressed the specific concerns raised during the application process.

Spotless Facility Services Proprietary Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established