Spotless Facility Services Pty Ltd

[2019] FWCA 3307

[2019] FWCA 3307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2018/7353)

SPOTLESS NATIONAL MAINTENANCE ENTERPRISE AGREEMENT 2018

Integrated facility services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 14 MAY 2019

Application for approval of the Spotless National Maintenance Enterprise Agreement 2018.

[1] Spotless Facility Services Pty Ltd has made an application for approval of a single enterprise agreement, known as the Spotless National Maintenance Enterprise Agreement 2018 (Agreement), pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] Since the application was made in December 2018, various concerns have been raised by and with the Commission in relation to whether: the pre-approval requirements were met; the Agreement contravenes s.55 of the Act, passes the “better off overall” test and contains mandatory and lawful terms.

[3] Further information was provided in relation to those concerns.

[4] Written undertakings have been given in accordance with s.190 of the Act and are at 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.

[5] Having regard to the application materials, further information provided, the views expressed by bargaining representatives and 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.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[7] Each of the Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they respectively want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers those organisations.

[8] The Agreement was approved on 14 May 2019 and, in accordance with s.54, will operate from 21 May 2019. The nominal expiry date of the Agreement is 31 October 2022.

[9] Finally it is noted that, for the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503416 PR708267>

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.