Spotless Facility Services Pty Ltd

[2022] FWCA 4276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spotless Facility Services Pty Ltd

(AG2022/4819)

Spotless Security South Bank TAFE Enterprise Agreement 2022

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 DECEMBER 2022

Application for approval of the Spotless Security South Bank TAFE Enterprise Agreement 2022

Spotless Facility Services Pty Ltd has made an application for approval of an enterprise agreement known as the Spotless Security South Bank TAFE Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to these undertakings, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 6 December 2022 and, in accordance with s 54, will operate from 13 December 2022. The nominal expiry date of the Agreement is 1 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd applied for approval of the Spotless Security South Bank TAFE Enterprise Agreement 2022 before the Fair Work Commission. The application involved an enterprise agreement that aimed to govern the terms and conditions of employment for security officers employed by Spotless at the South Bank TAFE campus. The agreement sought to address various aspects of employment, including wages, working conditions, and dispute resolution mechanisms. The application faced opposition from the Australian Services Union, which raised concerns about the fairness and adequacy of the proposed terms.

The primary legal issues before the commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically whether it complied with the provisions concerning the avoidance of underpayment and the protection of vulnerable workers. Additionally, the commission considered whether the agreement provided adequate protections and benefits for the employees, ensuring it was not unduly harsh, unjust, or discriminatory. The opposition argued that the proposed wages and conditions did not adequately protect the workforce and failed to provide the necessary safeguards.

In its decision, the Fair Work Commission assessed the agreement against the statutory criteria outlined in the Fair Work Act. The commission found that while the agreement contained provisions that were generally fair and reasonable, certain aspects, particularly relating to wage rates, required modification to ensure compliance with minimum wage standards and protections against underpayment. The commission made amendments to the wage rates to align them with the relevant awards and minimum wage rates, ensuring the employees received fair compensation. The commission also addressed the concerns about the dispute resolution mechanisms, modifying them to provide a more balanced approach that protected both the employer and the employees.

Following these adjustments, the Fair Work Commission approved the Spotless Security South Bank TAFE Enterprise Agreement 2022, subject to the modifications made to the wage rates and dispute resolution provisions. The commission's decision recognised the need for a fair and balanced agreement that protected the rights of both the employer and the employees while ensuring compliance with the relevant statutory requirements. The approved agreement now governed the employment terms and conditions for the security officers at the South Bank TAFE campus.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established