Spotless Facility Services Pty Ltd

[2018] FWCA 3090

[2018] FWCA 3090

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Spotless Facility Services Pty Ltd

(AG2017/6459)

Spotless Public Hospitals (Victoria) Enterprise Agreement 2017

Hospitality industry
COMMISSIONER CAMBRIDGE	SYDNEY, 1 JUNE 2018

Application for approval of the Spotless Public Hospitals (Victoria) Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Spotless Public Hospitals (Victoria) Enterprise Agreement 2017 (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 Employer). The Agreement is a single-enterprise agreement.

1. The application was lodged with the Fair Work Commission (the Commission) at Melbourne on 19 December 2017. On 1 May 2018, the application was referred to the Commission as currently constituted. The application included a Statutory Declaration of Jonathan O’Callaghan made on behalf of the Employer and dated 12 December 2017 (the Declaration). The Declaration stated that the Agreement was made on 5 December 2017. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

1. The Commission identified particular issues of concern relating to aspects of the application including the contents of certain terms contained in the Agreement, which required clarification. The Employer and the employee bargaining representatives were advised of these concerns and invited to provide a response.

1. The Commission has received correspondence dated 28 May 2018, from the Employer which included further material in support of the application together with Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s. 190 of the Act (the Undertakings). The Commission has sought the views of the identified bargaining representatives for the Agreement.

1. 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 reviewed the contents of the Declaration, the further material in support of the application, and the Undertakings. As a result of the consideration of these materials I am satisfied that, inter alia, the procedural requirements of Part 2-4 of the Act have been met.

1. The application for approval was listed for Hearing in Chambers before the Commission on 1 June 2018. I note that the file has included a Statutory Declaration of Scott Michael Crawford made on behalf of the Health Services Union (HSU) as an employee organisation in relation to the application.

1. I note that the Agreement contains a flexibility term at clause 6 and a consultation term at clause 10.

1. I am prepared to accept the Undertakings. As provided by s. 191 of the Act, the Undertakings are taken to be a term of the Agreement. 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.

1. The HSU, being a bargaining representative for the Agreement, has given notice under s. 183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the HSU.

1. The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act it will operate from 8 June 2018. The nominal expiry date of the Agreement as specified in clause 3.1 of the Agreement, is 30 September 2020.

COMMISSIONER

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