Spotless Facility Services Pty Ltd - [2019] FWC 5890

[2019] FWC 5890 [Note: a correction has been issued to this document] [Note: An appeal pursuant to s.604 (C2019/5648) was lodged against this decision.]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Spotless Facility Services Pty Ltd

(AG2018/5225)

SPOTLESS CENTRAL QUEENSLAND COAL FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2018
Deputy President Lake	BRISBANE, 23 AUGUST 2019

Application for approval of the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018

Introduction

An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018 (the Agreement) by Spotless Facility Services Pty Ltd (Spotless or Applicant).

The Agreement, if approved, will apply to employees of Spotless performing work at eight coal mines in Queensland or at the camps, houses and town services that support those coal mines.

The Construction, Forestry, Mining, Maritime and Energy Union QLD – Mining and Energy Division (CFMMEU), the Australian Workers’ Union Queensland Branch, United Voice and the Communication, Electrical and Plumbing Union Queensland Branch are the union parties to the Agreement. Save for the CFMMEU, the other union parties supported the approval of the Agreement and indicated so in their respective Form F18’s filed with the Commission.

Appendix D of the Agreement outlines the classification structure of the employees engaged to perform work under the Agreement, including; Service Attendant; Cook; Chef; Security Guard; Administration Officer; Tec Trades (i.e. Licensed/Registered Electrician, Refrigeration Mechanic and Plumber); Trades (i.e. all trades other than Tec Trades); Non-Trades (i.e. Trades Assistant); Level 1 – Light Industrial Cleaner; and Level 2 – Heavy Industrial Cleaner.

On 11 April 2019 the CFMMEU provided an undertaking to the Fair Work Commission (FWC) and to Spotless in the following terms:

“The CFMMEU undertakes that the only issue it seeks to raise in the application for approval of the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018 is whether the Black Coal Mining Industry Award 2010 is the appropriate reference instrument (for the purpose of the BOOT [Better Off Overall Test]) in relation to the Level 2 – Heavy Industrial Cleaners.”[1]

The CFMMEU thereafter submitted that the relevant modern award for Level 2 – Heavy Industrial Cleaners (Heavy Industrial Cleaners) under the Agreement is the Black Coal Mining Industry Award 2010 (BCMI Award) and that the BCMI Award covers the work of a Heavy Industrial Cleaner under the Agreement.[2]

The CFMMEU submitted that if it is correct in the above proposition (at [6]) then Heavy Industrial Cleaners are not better off overall under the terms of the Agreement when compared to the BCMI Award.[3]

The CFMMEU conceded, however, that even if it is correct in the proposition (at [6]), it would not necessarily be fatal to the approval of the Agreement, and that an undertaking may be able to resolve the issue.[4]

Spotless submitted that the relevant modern award for a Heavy Industrial Cleaner is the Cleaning Industry Award 2010 (Cleaning Award) and disputed the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] FWC 5890
Decision Date: 23 AUGUST 2019

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Spotless Facility Services Pty Ltd, applied for approval of the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018. The application arose from negotiations between the parties to establish the terms and conditions of employment for workers engaged in the central Queensland coal facilities management industry. The primary issue before the Commission was whether the proposed agreement complied with the relevant legislative provisions and whether it was fair and reasonable in all its terms.

The court had to determine whether the agreement adhered to the requirements set out in the Fair Work Act 2009. This included assessing whether the agreement provided for a minimum rate of pay and conditions, and whether it included provisions for dispute resolution and protection of workers' rights. The Commission also had to consider the fairness and reasonableness of the agreement, taking into account the bargaining power of the parties and the overall impact on the workforce.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the legislative requirements and was fair and reasonable in all its terms. The agreement provided for adequate minimum rates of pay and conditions, as well as appropriate dispute resolution mechanisms. The Commission concluded that the agreement would provide a fair and reasonable outcome for the workers and the employer, and was therefore approved.

The Fair Work Commission approved the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018. The approval ensures that the terms and conditions of employment for workers in the industry are governed by a fair and reasonable agreement that meets the legislative requirements. The approval also provides certainty and stability for both the workers and the employer, promoting a harmonious and productive workplace.

Orders