Spotless Facility Services Pty Ltd Summary

[2013] FWCA 610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2012/12920)

SPOTLESS ANGLO COAL FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2012

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 25 JANUARY 2013

Application for approval of the Spotless Anglo Coal Facilities Management Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Anglo Coal Facilities Management Enterprise Agreement 2012 (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 Company). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The United Voice, being a bargaining representative for the Agreement, has 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 the organisation.

[4] The Australian Workers’ Union of Employees Queensland, being a bargaining representative for the Agreement, has 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 the organisation.

[5] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Spotless Facility Services Pty Ltd contested the approval of the Spotless Anglo Coal Facilities Management Enterprise Agreement 2012. The application was brought before the commission as a means to formalise the agreement between the employer and the employees, particularly focusing on the terms and conditions of employment.

The primary legal issue before the commission was whether the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act 2009. This included assessing if the agreement had been fairly negotiated, if it contained the necessary minimum entitlements, and if it adhered to procedural fairness. The commission also had to consider if the agreement was in the best interests of the employees and if it complied with the procedural fairness requirements.

The commission examined the evidence provided by both parties and found that the agreement was indeed fairly negotiated and contained all the necessary minimum entitlements as stipulated by the Fair Work Act. It was determined that the agreement was beneficial for the employees and did not contravene any provisions of the Act. Consequently, the commission approved the agreement, affirming its validity and enforceability.

No specific final orders were made beyond the approval of the agreement, which was now legally binding between the parties.

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