Spotless Facility Services Pty Ltd T/A Alliance Catering Summary

[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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CaseChat Overview and Summary

The case involved an application by Spotless Facility Services Pty Ltd, trading as Alliance Catering, to the Fair Work Commission (FWC) for approval of the Spotless Resources - Cooper Basin, Mereenie - Enterprise Agreement 2014. The dispute arose in the context of the application process for the approval of an enterprise agreement under the Fair Work Act 2009. The FWC was required to determine whether the agreement met the statutory criteria for approval, including that it provided for fair and efficient workplace relations, and was free from coercion and undue influence.

The primary legal issue before the FWC was whether the enterprise agreement was made in accordance with the procedural requirements of the Fair Work Act. The applicant argued that the agreement had been made in good faith and followed the necessary processes. However, the FWC needed to examine the evidence and submissions to ensure that the agreement was not affected by any procedural irregularities or improper conduct that could undermine its validity.

The FWC found that the enterprise agreement was made in good faith and followed the appropriate procedural steps. The Commission reviewed the evidence and submissions from both parties and concluded that the agreement did not contain any terms that were contrary to public policy or unfair to the employees. The FWC also found that there was no evidence of coercion or undue influence in the making of the agreement. As a result, the FWC approved the enterprise agreement.

The FWC made an order approving the Spotless Resources - Cooper Basin, Mereenie - Enterprise Agreement 2014, subject to the conditions and modifications as outlined in the decision. The approval of the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the agreement, rather than the applicable award or general employment conditions.

Spotless Facility Services Pty Ltd T/A Alliance Catering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established