DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Spotless Facility Services Proprietary Limited T/A Spotless
(AG2015/97)

ENSIGN DUDLEY PARK SA (MAINTENANCE) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 FEBRUARY 2015

Application for approval of the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2014 (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] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

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

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2014. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

CaseChat Overview and Summary

In the recent case of Spotless Facility Services Proprietary Limited trading as Spotless, the Fair Work Commission was tasked with approving the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2014. This decision arose as a result of an application submitted by Spotless, the employer, seeking approval of the agreement which governs the employment terms and conditions for certain employees. The nature of the dispute involved whether the proposed agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily focused on the provisions of the Fair Work Act 2009, specifically section 234, which mandates that an enterprise agreement must be certified as meeting the "better off overall test" (BOOT). This test ensures that no party is worse off and at least one party is better off overall, having regard to all benefits and detriments, both financial and non-financial. The Commission also considered whether the agreement complied with procedural requirements, such as the proper notification and opportunity for protected action.

The Fair Work Commission meticulously examined the evidence presented by both parties and evaluated the agreement's provisions against the statutory requirements. It was determined that the agreement satisfied the BOOT, as the Commission found that employees would be better off overall with the new agreement compared to their existing terms. The Commission also confirmed that the necessary procedural requirements had been met, and there were no procedural flaws in the agreement's development and submission.

Ultimately, the Fair Work Commission approved the Ensign Dudley Park SA (Maintenance) Enterprise Agreement 2014, confirming its compliance with the statutory provisions. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between Spotless and the affected employees, providing a legally binding framework for their working conditions.

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