DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2017/829)

SPOTLESS FACILITY SERVICES PTY LTD (MAINTENANCE) VICTORIAN ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2017

Application for approval of the Spotless Facility Services Pty Ltd (Maintenance) Victorian Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Facility Services Pty Ltd (Maintenance) Victorian Enterprise Agreement 2016 (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 Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2017. The nominal expiry date of the Agreement is 31 March 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Spotless Facility Services Pty Ltd sought approval of the Spotless Facility Services Pty Ltd (Maintenance) Victorian Enterprise Agreement 2016. The applicant, Spotless Facility Services Pty Ltd, is an employer in the cleaning industry, and the dispute centred on the terms and conditions of employment for its maintenance staff in Victoria. The applicant aimed to secure formal recognition of the enterprise agreement, which outlined the wages, hours, and other working conditions for its employees. The legal issues before the court involved determining whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for being a "better off overall" test and whether it was made in good faith and without coercion.

The Fair Work Commission examined the enterprise agreement, assessing whether it provided employees with terms and conditions that were no worse than the applicable awards or modern awards. The Commission also considered if the agreement was made in good faith and without coercion, ensuring that employees had genuinely agreed to the terms without undue pressure. The court reviewed the bargaining process and the content of the agreement, ensuring that it met the statutory criteria for approval. The Commission concluded that the agreement met the necessary standards and was in the best interests of the employees, finding it to be fair and reasonable. Consequently, the Fair Work Commission approved the enterprise agreement.

The court's decision was based on the thorough examination of the bargaining process and the terms of the agreement, confirming that it met all statutory requirements. The final orders of the Fair Work Commission approved the Spotless Facility Services Pty Ltd (Maintenance) Victorian Enterprise Agreement 2016, effective from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment of the relevant staff.

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