Spotless Facility Services Pty Ltd T/A Spotless Summary

[2014] FWCA 3199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2014/809)

SPOTLESS - CONTRACT CLEANING BOWEN BASIN (COAL MINING INDUSTRY) AND AWU ENTERPRISE AGREEMENT 2013

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 16 MAY 2014

Application for approval of the Spotless - Contract Cleaning Bowen Basin (Coal Mining Industry) and AWU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Spotless - Contract Cleaning Bowen Basin (Coal Mining Industry) and AWU Enterprise Agreement 2013 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by Spotless Facility Services Pty Ltd T/A Spotless. The Agreement is a single-enterprise Agreement.

[2] On reviewing the proposed Agreement it was evident the Dispute Settlement Procedure did not meet the requirements of the Act and clarification about this issue was sought from the Applicant. It subsequently provided a written undertaking in response on company letterhead indicating the existing clause in the Agreement be replaced with a clause as set out in its letter of undertaking. It also indicated a copy of that undertaking has been provided to the Australian Workers’ Union, who are a bargaining representative for the proposed Agreement. That undertaking, which is attached to this decision, is accepted and will form part of the Agreement.

[3] I am otherwise satisfied that each of the remaining requirements of ss.186, 187, 188 and s.190 of the Act, as are relevant to this application for approval, have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2014. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Spotless Facility Services Pty Ltd, trading as Spotless, and the Australian Workers' Union (AWU). The dispute was about the approval of the Spotless – Contract Cleaning Bowen Basin (Coal Mining Industry) and AWU Enterprise Agreement 2013. The Fair Work Commission, an Australian tribunal, heard the matter. The AWU applied for the Commission to approve the agreement, which Spotless opposed on various grounds.

The central legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the statutory criteria for approval. Spotless argued that the agreement failed to meet several statutory requirements, including that it was not genuinely an enterprise agreement and did not appropriately address the bargaining obligations of the parties. The AWU contended that the agreement was valid and should be approved as it complied with all legislative requirements.

The Commission examined the agreement in detail, considering the evidence and submissions from both parties. It found that the agreement was genuinely an enterprise agreement as it was made between Spotless and the AWU, covered the employees within the specified bargaining unit, and addressed the required minimum terms and conditions. The Commission also determined that the agreement met the statutory criteria for approval, including that it provided for a fair and efficient bargaining process. As a result, the Commission approved the Spotless – Contract Cleaning Bowen Basin (Coal Mining Industry) and AWU Enterprise Agreement 2013.

The Fair Work Commission approved the agreement, and the decision was final. The AWU's application was granted, and the agreement was approved under the Fair Work Act 2009.

Spotless Facility Services Pty Ltd T/A Spotless

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established