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

[1] 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).

[2] 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.

[3] 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.

[4] 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.

[5] 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

[6] 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

[7] 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

[8] 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

[9] Spotless submitted that the relevant modern award for a Heavy Industrial Cleaner is the Cleaning Industry Award 2010 (Cleaning Award) and disputed the CFMMEU’s submission that the BCMI Award covers 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] FWCA 5890
Decision Date: 23 AUGUST 2019

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Spotless Facility Services Pty Ltd for the approval of the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018. The dispute involved the terms and conditions of employment for workers within the company's coal facilities management sector, focusing on the proposed changes to wages, hours, and other employment conditions. The Fair Work Commission, as the body responsible for the approval and registration of enterprise agreements, was tasked with reviewing and determining the validity of the agreement in question.

The central legal issues addressed by the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether the process by which the agreement was formed was fair and legitimate. Specifically, the Commission examined whether the agreement was made in good faith and whether it met the criteria for being a "single, integrated and harmonious" document. Additionally, the Commission considered whether the agreement provided for a fair and reasonable outcome for the employees covered by it, including appropriate protections and entitlements.

In its decision, the Fair Work Commission found that the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018 was valid and should be approved. The Commission determined that the agreement was made in good faith, was a single, integrated, and harmonious document, and provided for fair and reasonable terms for the employees. The Commission also concluded that the process by which the agreement was formed was fair and legitimate, with sufficient evidence of genuine consultation and negotiation between the parties. The Commission's approval was based on its finding that the agreement met the necessary statutory requirements and provided for appropriate protections and entitlements for the employees.

The Fair Work Commission approved the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018, directing that it be registered with the Fair Work Commission and that it would have effect from the date of registration. The Commission's decision was based on its determination that the agreement was valid, fair, and reasonable, and met the statutory requirements under the Fair Work Act 2009. The approval of the agreement ensures that the terms and conditions of employment for the employees within the coal facilities management sector of Spotless Facility Services Pty Ltd are governed by a legally binding and approved enterprise agreement.

Orders