Spotless Facility Services Pty Ltd T/A Alliance Catering

[2014] FWCA 2764

[2014] FWCA 2764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Alliance Catering
(AG2014/597)

SPOTLESS RESOURCES - COOPER BASIN, MEREENIE - ENTERPRISE AGREEMENT 2014

Building services
COMMISSIONER LEE	MELBOURNE, 28 APRIL 2014

Application for approval of the Spotless Resources - Cooper Basin, Mereenie - Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Spotless Resources - Cooper Basin, Mereenie - Enterprise Agreement 2014 (the Agreement). The application was made by Spotless Facility Services Pty Ltd T/A Alliance Catering pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The consultation provision in clause 7 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[4] Subject to the matters outlined above, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] The Australian Workers’ 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 5 May 2014. The nominal expiry date of the Agreement is 7 December 2015.

COMMISSIONER

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