DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2021/5672)

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

Cleaning services
COMMISSIONER LEE	MELBOURNE, 20 JULY 2021

Application for approval of the Spotless Group Limited Southern 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 Southern 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 Agreement lodged contained errors at clauses 26.2 and 26.3. On 8 July 2021, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 19 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Spotless Facility Services Pty Ltd, which sought approval for the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021. The application was made under section 232 of the Fair Work Act 2009, aiming to ensure that the proposed agreement met the criteria for registration, including that it did not contravene any provisions of the Act or the Fair Work Regulations. The dispute centred on whether the agreement appropriately balanced the interests of both employers and employees, particularly in terms of wages, conditions, and dispute resolution mechanisms.

The central legal issues addressed by the court included whether the proposed agreement provided for fair and reasonable terms and conditions, if it met the requirements for a "better off overall test" for employees, and whether it contained provisions that complied with the procedural fairness requirements under the Fair Work Act. The court also examined if the agreement adequately addressed minimum entitlements, the definition of employees covered by the agreement, and the processes for resolving disputes. The validity of the agreement hinged on whether it was made in good faith, and whether it was free from any improper influence or coercion.

In delivering its decision, the Fair Work Commission found that the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021 did meet the criteria for approval. The court concluded that the agreement provided for fair and reasonable terms, with a proper balance between the rights and obligations of both parties. It was determined that employees were better off overall with the new agreement, and that it complied with the procedural fairness requirements. The Commission was satisfied that the agreement was made in good faith and without any improper influence. Therefore, the application for approval was granted, and the agreement was registered under the Fair Work Act.

The final orders of the court included the registration of the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2021. This registration meant that the terms and conditions outlined in the agreement would apply to the relevant employees, and that the agreement would be binding on both the employer and the employees. The decision provided clarity and certainty for the parties involved, ensuring that the agreement met the necessary legal standards and was in the best interest of the workforce.

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