Spotless Facility Services Pty Ltd

[2021] FWCA 4299

[2021] FWCA 4299

FAIR WORK COMMISSION

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

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Annexure A