Spotless Facility Services Pty Ltd Summary

[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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CaseChat Overview and Summary

In the matter of Spotless Facility Services Pty Ltd, the applicant sought the Fair Work Commission's approval of the Spotless HQJOC NSW Agreement 2014. The agreement was a proposed collective bargaining instrument between the employer and a group of employees classified as hospitality kitchen and ancillary workers in New South Wales. The dispute centred around the validity and enforceability of the agreement under the Fair Work Act 2009.

The primary legal issues before the Commission involved whether the proposed agreement met the statutory requirements for approval, including compliance with the good faith bargaining provisions and the absence of any unfair or discriminatory provisions. The applicant argued that the agreement was the product of genuine and bona fide bargaining and did not contain any unfair provisions. The respondent, on the other hand, contended that the agreement failed to meet the threshold for good faith bargaining and contained several discriminatory provisions.

The Commission found that the agreement was indeed the result of genuine bargaining efforts and did not contain any unfair or discriminatory provisions. In reaching this decision, the Commission considered the evidence presented by both parties, including witness testimonies and the bargaining process documentation. The Commission held that the agreement satisfied all the statutory requirements for approval under the Fair Work Act 2009.

Consequently, the Commission approved the Spotless HQJOC NSW Agreement 2014, deeming it a valid and enforceable collective bargaining instrument. This decision effectively resolved the dispute between the parties and allowed for the implementation of the agreed terms and conditions for the employees in question.

Spotless Facility Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established