Spotless Facility Services Pty Ltd

[2023] FWCA 1088

[2023] FWCA 1088

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spotless Facility Services Pty Ltd

(AG2023/796)

SPOTLESS PUBLIC HOSPITALS (VICTORIA) ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 14 APRIL 2023

Application for approval of the Spotless Public Hospitals (Victoria) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Spotless Public Hospitals (Victoria) Enterprise Agreement 2023 (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.

1. 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.

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement lodged contained several errors. This includes the wage rate for Drivers missing from schedule B, the incorrect title listed in clause 1.1, an error notification appearing in the table of contents and a blank page on page 5 of the Agreement. On 12 April 2023, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s. 218A of the Act.

1. I observe that clause 17.6 of the Agreement concerning casual conversion is likely to be inconsistent with the National Employment Standards (NES). However, noting the second paragraph of the Undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Health 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.

1. The Agreement is approved and in accordance with s.54, will operate from 21 April 2023. The nominal expiry date of the Agreement is 21 April 2026.

COMMISSIONER

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<AE519747  PR761098>

Annexure A