Spotless Facility Services Pty Ltd

[2014] FWCA 7519

[2014] FWCA 7519

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2014/7306)

SPOTLESS HQJOC NSW AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 23 OCTOBER 2014

Application for approval of the Spotless HQJOC NSW Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Spotless HQJOC NSW Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Spotless Facility Services Pty Ltd (the Applicant).

[2] On reviewing the application the Commission sought further clarification about various matters including the proposed severance pay provisions, the rates of pay to be provided to administrative staff, and the proposed consultation clause. Copies of this correspondence were also provided to the organisations and individuals who were indicated to have been bargaining representatives for the proposed Agreement.

[3] The Applicant subsequently provided undertakings in regard to each of these matters. The Plumbing Trades Employees Union (NSW) and the Electrical Trades Union of Australia (NSW Branch) also indicated that they consented to the terms of the proposed undertakings.

[4] I am satisfied that the proposed undertakings do not cause financial detriment to any employee to be covered by the proposed Agreement, or result in substantial changes to it. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement. Copies are attached to this decision.

[5] I am also satisfied that each of the various requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[6] United Voice, the Communications, Electrical, Plumbing Union (NSW Electrical Division) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch, being bargaining representative for the Agreement, has each given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers those organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Annexure A

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