DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Proprietary Limited T/A Spotless
(AG2015/962)

TECHGUARD ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 20 JULY 2015

Application for approval of the Techguard Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Techguard Enterprise Agreement 2015 (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 T/A Spotless. The agreement is a single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice, 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), I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Facility Services Proprietary Limited, trading as Spotless, applied to the Fair Work Commission for approval of the Techguard Enterprise Agreement 2015. The dispute arose as Spotless sought to implement the agreement, which contained terms for employees working in the technology sector. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated and whether it provided for the proper regulation of employment terms and conditions. The negotiation process and the fairness of the agreement's terms were critically examined. Additionally, the Commission considered whether the agreement adequately met the minimum entitlements set out in the Act and if it was consistent with the provisions for protected actions.

The Commission found that the agreement had been genuinely negotiated between Spotless and the union representatives, satisfying the requirement of genuine negotiation. The terms and conditions of the agreement were deemed fair and reasonable, providing adequate protection for employees while allowing Spotless to manage its business effectively. The Commission concluded that the agreement met all statutory requirements for approval and did not disadvantage employees in contravention of the Act. Consequently, the Commission approved the Techguard Enterprise Agreement 2015.

Spotless Facility Services Proprietary Limited T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established