DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Proprietary Limited T/A Spotless
(AG2016/1417)

SPOTLESS ANGLO COAL FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2015

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Spotless Anglo Coal Facilities Management Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Anglo Coal Facilities Management 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] 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, 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] The Construction, Forestry, Mining and Energy Union, The Australian Workers’ Union, United Voice and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Spotless Facility Services Proprietary Limited T/A Spotless applied to the Fair Work Commission for the approval of the Spotless Anglo Coal Facilities Management Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) which claimed the agreement was not sufficiently robust in its approach to addressing bullying, harassment, and discrimination in the workplace. The Commission was required to determine whether the agreement contained the necessary provisions to ensure employees were protected from such conduct and if the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided adequate mechanisms for the prevention and resolution of workplace bullying, harassment, and discrimination. The CFMEU argued that the agreement failed to sufficiently address these issues, while Spotless maintained that the agreement was comprehensive in its approach to such matters. The Commission considered the provisions of the agreement, relevant case law, and the legislative framework governing enterprise agreements. It examined whether the agreement met the requirements of Section 234 of the Fair Work Act, which mandates that an enterprise agreement must provide for the protection of employees from adverse action for making a protected disclosure or for participating in the agreement's processes.

After considering the evidence and arguments presented by both parties, the Commission determined that the agreement did not sufficiently address the prevention and resolution of workplace bullying, harassment, and discrimination. The Commission found that the agreement lacked clear definitions and procedures for addressing these issues and did not provide adequate protections for employees. Consequently, the application for approval of the agreement was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide robust mechanisms for protecting employees from adverse conduct in the workplace.

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