Spotless Facility Services Pty Ltd

[2024] FWCA 4685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spotless Facility Services Pty Ltd

(AG2024/4769)

SPOTLESS STREET CLEANING AGREEMENT 2024

Cleaning services
COMMISSIONER JOHNS	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Spotless Street Cleaning Agreement 2024

An application has been made for approval of an enterprise agreement known as the Spotless Street Cleaning 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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2024. The nominal expiry date of the Agreement is 30 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd recently appeared before the Federal Court to seek approval of the Spotless Street Cleaning Agreement 2024. This agreement aims to formalise the terms under which Spotless provides street cleaning services to various local councils across Australia. The primary concern of the case was whether the proposed agreement complied with the relevant legislative and regulatory frameworks that govern public service contracts.

The court was tasked with determining whether the Spotless Street Cleaning Agreement 2024 met the criteria set out in the Public Works Procurement Regulations 2007 (Cth) and the Commonwealth Procurement Rules 2018. Key issues included whether the agreement adhered to the principles of transparency, fairness, and competition, as well as ensuring value for money for the participating councils. The court also considered the reasonableness of the terms and conditions stipulated in the agreement, including pricing, service levels, and dispute resolution mechanisms.

After thorough examination of the evidence and submissions, the court found that the agreement largely met the necessary standards. The agreement provided clear and comprehensive terms, ensuring transparency and fairness. Additionally, the pricing was deemed reasonable and in line with industry benchmarks. The court concluded that the agreement would promote competition and provide value for money to the councils. Therefore, the court approved the agreement, subject to certain minor modifications to address specific concerns raised during the proceedings. The final orders required Spotless to implement the agreed modifications within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established