Spotless Facility Services Proprietary Limited t/as Spotless

[2015] FWCA 559

[2015] FWCA 559

FAIR WORK COMMISSION

DECISION

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

Spotless Facility Services Proprietary Limited t/as Spotless
(AG2014/10443)

UNITED VOICE & SPOTLESS HOSPITALITY SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2014 - 2017

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 22 JANUARY 2015

Application for approval of the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2014 - 2017.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Spotless Facility Services Proprietary Limited t/as Spotless (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2014 - 2017 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and is to cover 3,090 employees who are employed in hospitality positions at the following locations in Victoria:

• Melbourne Cricket Ground;



• Epicure Function sites;



• Melbourne Town Hall;



• The Centre Ivanhoe;



• Hawthorn Arts Centre;



• ZINC at Federal Square; and



• All special EPICURE events, including the Melbourne Grand Prix, Golf, etc.

For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 21 August 2014, and voting for the Agreement’s approval took place between 15 and 17 December 2014. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, 78 of the 97 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 19 December 2014, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr J Douglas, General Manager Human Resources identified the Hospitality Industry (General) Award 2010 [MA000009] and the Catering - Victoria - Award 1998 [AP772681] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Douglas said that the Agreement provides for a number of conditions that are in excess of, or are more beneficial than the terms of the relevant reference instruments and that there are no less beneficial terms. The Agreement provides for higher rates of pay, a tool allowance for chefs and meal allowances where work is performed outside of metropolitan Melbourne in certain circumstances. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility at cl 47 consultation terms at clauses 10 and 21 respectively, and a disputes resolution procedure at clause 15 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 13 January 2015, Mr J Douglas and Ms C Egan appeared for the applicant. Mr Douglas outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. When asked as to the reasons for the relatively poor voter turnout for the approval of the Agreement, Mr Douglas explained that a large number of employees to be covered by the Agreement would only work on one or two shifts a year during major events, like the AFL Grand Final or at the Boxing Day Test. He suggested that they may have taken a limited interest for this reason. Mr Douglas also said that the rates of pay are to be increased by between 2.5 and 3.5% (depending on classification) on 26 September 2014, 2.5% on 26 September 2015 and 2.5% on 26 September 2016. The increases due on 26 September 2014 would be backpaid to employees. Although the Union did not appear, it had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the United Voice & Spotless Hospitality Services (Victoria) Enterprise Agreement 2014 - 2017. Pursuant to s 54 of the Act, the Agreement shall operate from 20 January 2015 and have a nominal expiry date of 26 September 2017.

DEPUTY PRESIDENT

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