Spotless Facility Services Pty Ltd

[2013] FWCA 434

[2013] FWCA 434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd
(AG2012/13146)

SPOTLESS NATIONAL MAINTENANCE ENTERPRISE AGREEMENT 2012-2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 JANUARY 2013

Application for approval of the Spotless National Maintenance Enterprise Agreement 2012-2013.

[1] An application has been made for approval of an enterprise agreement known as the Spotless National Maintenance Enterprise Agreement 2012-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Spotless Facility Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to several clauses of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement does not contain a flexibility term. Therefore pursuant to s.202(4) of the Act the model flexibility term is taken to be a term of this agreement and is appended at Appendix B.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Construction, Forestry, Mining and Energy Union (CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54(1), will operate from 25 January 2013. The nominal expiry date of the Agreement is 30 June 2013.

COMMISSIONER

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APPENDIX A

APPENDIX B

APPENDIX B