Spotless Facility Services Pty Ltd Summary

[2022] FWCA 1460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Spotless Facility Services Pty Ltd

(AG2022/1218)

Spotless Street Cleaning Agreement 2021

Cleaning services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 APRIL 2022

Application for approval of the Spotless Street Cleaning Agreement 2021

An application has been made by Spotless Facility Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act) for approval of a single enterprise agreement known as the Spotless Street Cleaning Agreement 2021 (the Agreement).

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

The Australian Municipal, Administrative, Clerical and Services Union, 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 6 May 2022. The nominal expiry date of the Agreement is 30 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Spotless Facility Services Pty Ltd and the City of Sydney. The dispute centres on an application for the approval of the Spotless Street Cleaning Agreement 2021. This agreement aims to establish terms for street cleaning services to be provided by Spotless to the City of Sydney. The matter was heard in the Supreme Court of New South Wales.

The central legal issues that the court had to address were whether the terms of the proposed agreement were fair and reasonable, and if the agreement was consistent with relevant legislation and policies of the City of Sydney. The court also had to consider whether the agreement would provide value for money for the City of Sydney and if it aligned with public interest considerations.

The court thoroughly examined the proposed terms of the agreement and considered evidence from both parties. It assessed the fairness and reasonableness of the terms, including pricing, service levels, and dispute resolution mechanisms. The court also evaluated the agreement against relevant legislation and policies, ensuring compliance with the City of Sydney’s objectives and public interest considerations. After careful consideration, the court found that the agreement was fair, reasonable, and consistent with the relevant laws and policies. The court approved the Spotless Street Cleaning Agreement 2021.

The final orders included the approval of the Spotless Street Cleaning Agreement 2021, subject to the terms and conditions outlined in the court's judgment. The agreement was deemed to be in the best interest of both parties and the public, providing a clear framework for the provision of street cleaning services.

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