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

Annexure A

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

CaseChat Overview and Summary

In the Fair Work Commission, Spotless Facility Services Pty Ltd sought approval of the Spotless National Maintenance Enterprise Agreement 2018. The company argued that the agreement, which was the outcome of negotiations between Spotless and the United Voice Union, should be approved as it provided for fair and reasonable terms for employees. The union supported the approval, while other interested parties, including some employee representatives, contested the approval on various grounds.

The court had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to assess if the agreement provided for the fair and reasonable terms of employment, and if it had been negotiated in good faith. The court also had to consider whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act.

After thorough examination of the evidence and submissions, the Fair Work Commission found that the agreement met the statutory criteria for approval. The commission concluded that the agreement provided for fair and reasonable terms of employment, was the result of good faith negotiations, and was in the best interests of the employees. The commission also found that the agreement complied with the relevant provisions of the Fair Work Act. Consequently, the commission approved the agreement.

The court ordered that the Spotless National Maintenance Enterprise Agreement 2018 be approved and registered with the Fair Work Commission. The agreement would then be in effect, governing the terms and conditions of employment for 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