DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2019/923)

SPOTLESS SUNSHINE COAST UNIVERSITY HOSPITAL SECURITY ENTERPRISE AGREEMENT 2019

Security services
COMMISSIONER WILSON	MELBOURNE, 5 JULY 2019

Application for approval of the Spotless Sunshine Coast University Hospital Security Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Sunshine Coast University Hospital Security Enterprise Agreement 2019 (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.

[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 Voice 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 12 July 2019. The nominal expiry date of the Agreement is 12 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd recently brought an application before the Fair Work Commission seeking approval of a proposed enterprise agreement. The application concerns the Spotless Sunshine Coast University Hospital Security Enterprise Agreement 2019. The applicant argued that the proposed agreement was suitable for registration under the Fair Work Act 2009. The legal issues before the Commission centred on whether the proposed agreement met the requirements for approval under the Act. Specifically, the Commission had to determine if the agreement provided for the proper classification and remuneration of employees, if it was free from any unfair content, and if it complied with the prescribed minimum terms and conditions.

The Commission examined the terms of the proposed agreement and the submissions made by the parties. It considered whether the agreement provided for fair and reasonable terms, and if it complied with the requirements for employee classification and remuneration. The Commission also assessed if the agreement contained any terms that would be considered unfair. In reaching its decision, the Commission took into account the nature of the work performed by the employees, the industry standards, and the bargaining positions of the parties. After carefully reviewing the evidence and submissions, the Commission found that the proposed agreement was suitable for approval.

As a result, the Commission approved the Spotless Sunshine Coast University Hospital Security Enterprise Agreement 2019, finding that it met the requirements for registration under the Fair Work Act 2009. The Commission concluded that the agreement provided for fair and reasonable terms and conditions, and it did not contain any unfair content. The approval of the agreement allows it to be registered with the Fair Work Commission, which will then provide the necessary protections and benefits to the employees covered by the agreement.

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