DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2021/5885)

SPOTLESS GROUP LIMITED NORTHERN QUEENSLAND DEFENCE ESTATE MAINTENANCE AND OPERATION SERVICES ENTERPRISE AGREEMENT 2021

Cleaning services
COMMISSIONER LEE	MELBOURNE, 22 JULY 2021

Application for approval of the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021 (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 Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 United Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2021. The nominal expiry date of the Agreement is 21 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd applied to the Fair Work Commission for approval of the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021. The application involved determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including those concerning minimum rates of pay, penalty rates, and conditions for casual employees. The dispute centred on whether the proposed agreement met the statutory requirements for enterprise agreements and if it provided fair terms and conditions for the employees covered by it.

The court was required to examine the agreement's provisions regarding minimum wages and penalty rates to ensure they aligned with the minimum standards set by the Fair Work Act. Additionally, the court needed to assess whether the agreement adequately addressed the conditions for casual employees, including provisions for conversion to permanent employment. The court also considered whether the agreement provided for proper consultation with employees and if it included appropriate dispute resolution mechanisms.

In its decision, the Fair Work Commission found that the proposed agreement met the statutory requirements and provided fair terms and conditions for the employees. The court determined that the minimum rates of pay and penalty rates were consistent with the legislative standards, and the provisions for casual employees were adequate. The Commission also concluded that the agreement included appropriate mechanisms for consultation and dispute resolution. Therefore, the court approved the Spotless Group Limited Northern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021.

The Fair Work Commission ordered the approval of the agreement, subject to the terms and conditions specified in the decision. The approval would take effect from the date determined by the Commission, ensuring that the agreement would be binding on the parties and enforceable under the Fair Work Act.

Spotless Facility Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established