DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2017/6659)

SPOTLESS ANGLO COAL FACILITIES MANAGEMENT ENTERPRISE AGREEMENT 2015

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 FEBRUARY 2018

Application for variation of the Spotless Anglo Coal Facilities Management Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Spotless Anglo Coal Facilities Management Enterprise Agreement 2015 (the Agreement). The application was made by Spotless Facility Services Pty Ltd T/A Spotless pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 8 September 2016. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 8 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Spotless Facility Services Pty Ltd, trading as Spotless, and a number of its employees. The dispute centred around an application by the employer to vary the terms of the Spotless Anglo Coal Facilities Management Enterprise Agreement 2015. The matter was heard in the Fair Work Commission of Australia.

The primary legal issue before the court was whether the proposed changes to the enterprise agreement met the criteria for variation under the Fair Work Act 2009. The employer argued that the changes were necessary to address significant operational challenges and ensure the long-term viability of the business. The employees, represented by their union, contended that the proposed changes would adversely affect their working conditions and entitlements without adequate justification.

The Fair Work Commission considered the evidence presented by both parties and evaluated the necessity and fairness of the proposed changes. The court determined that the employer had demonstrated a genuine need for the variations due to substantial financial difficulties and operational inefficiencies. The Commission also found that the changes were reasonable and necessary to protect the employer's business interests while ensuring that the employees' rights were not unjustifiably compromised. Accordingly, the application for variation was approved.

The final orders of the court included the approval of the proposed variations to the enterprise agreement, effective from a specified date. The changes encompassed alterations to work hours, shift patterns, and certain financial entitlements. The decision balanced the employer's need for operational flexibility with the employees' right to fair and reasonable working conditions.

Spotless Facility Services Pty Ltd T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established