Spotless Facility Services Pty Ltd

[2018] FWCA 4018

[2018] FWCA 4018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Spotless Facility Services Pty Ltd
(AG2018/571)

SPOTLESS HQJOC NSW AGREEMENT 2018

Security services
COMMISSIONER CAMBRIDGE	SYDNEY, 6 JULY 2018

Application for approval of the Spotless HQJOC NSW Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spotless HQJOC NSW Agreement 2018 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). The application has been made by Spotless Facility Services Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged with the Fair Work Commission (the Commission) at Melbourne on 19 February 2018. On 29 May 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of David Canavan made on behalf of the Employer and dated 19 February 2018 (the Declaration). The Declaration stated that the Agreement was made on 5 February 2018. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 21 June 2018, at which time Mr J Shepherdson appeared via video link to Melbourne for the Employer, Mr S Russell-Uren appeared for United Voice (UV) and Mr M McCann appeared for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). During the proceedings held on 21 June, the Commission identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Mr Shepherdson, Mr Russell-Uren and Mr McCann provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing. The Commission has received correspondence dated 4 July 2018, from the Employer, which included further material in support of the application together with Undertakings, dated 4 July 2018, made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertakings).

[5] Consequently, I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material in support of the application, and the Undertakings.

[6] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[7] I note that the file has included a Statutory Declaration of Lyndal Ryan made on behalf of UV, as an employee organisation in relation to the application. I further note that the file has included a Statutory Declaration of David McKinley made on behalf of the CEPU, as an employee organisation in relation to the application. I also note that the Agreement contains a flexibility term at clause 30 and a consultation term at clause 31.

[8] I am prepared to accept the Undertakings. As provided by s. 191 of the Act, the Undertakings are taken to be terms of the Agreement. Having considered all of the material provided to the Commission, I am satisfied that each of the requirements of ss. 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[9] United Voice and the CEPU, being bargaining representatives for the Agreement, has each given notice under s. 183 of the Act that each wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers UV and the CEPU.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 13 July 2018. In accordance with clause 6.1 of the Agreement the nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Appearances:

Mr J Shepherdson of Spotless Facility Services Pty Ltd appeared for the employer.

Mr M McCann appeared for the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

Mr S Russell-Uren appeared for the United Voice.

Hearing details:

2018.

Sydney and Melbourne (video hearing):

June, 21.

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