Spotless Facility Services Pty Ltd Summary

[2025] FWCA 1656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spotless Facility Services Pty Ltd

(AG2025/947)

DOWNER GROUP QUEENSLAND DEFENCE ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER SIMPSON	BRISBANE, 19 MAY 2025

Application for approval of the Downer Group Queensland Defence Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Downer Group Queensland Defence Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers' Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd, a company operating in the facility services industry, applied for approval of the Downer Group Queensland Defence Enterprise Agreement 2024. The application was made to the Fair Work Commission, which is the federal workplace relations tribunal with jurisdiction over such matters. The application sought to approve the enterprise agreement as a registered low-paid industry award, which would allow it to apply to employees not directly party to the agreement, thereby extending its coverage.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval. Specifically, the Commission had to determine whether the agreement provided for a fair safety net of minimum wages and conditions, allowed for flexibility in the workplace, and was consistent with the Fair Work Act's objectives. The applicant argued that the agreement was in the best interests of the employees and was fair and reasonable.

In reaching its decision, the Commission examined the provisions of the agreement and considered submissions from the parties. It found that the agreement provided for a safety net that aligned with the Fair Work Act's objectives and did not undermine the minimum standards of the relevant award. The Commission also determined that the agreement allowed for flexibility in the workplace, which was essential for the operations of the facility services industry. Accordingly, the Commission approved the agreement, finding it to be fair and reasonable and in the best interests of the employees.

The Fair Work Commission approved the Downer Group Queensland Defence Enterprise Agreement 2024 as a registered low-paid industry award. This decision allows the agreement to apply to employees not directly party to it, thereby extending its coverage. The approval ensures that the agreement provides for a fair safety net of minimum wages and conditions and allows for flexibility in the workplace.

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