Spotless Facility Services Pty Ltd T/A Spotless

[2014] FWCA 2953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2014/824)

SPOTLESS NATIONAL MAINTENANCE ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 6 MAY 2014

Application for approval of the Spotless National Maintenance Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Spotless National Maintenance Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Spotless Facility Services Pty Ltd T/A Spotless. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Spotless Facility Services Pty Ltd T/A Spotless. In accordance with s.191(1) of the Act, the undertakings are taken to be terms of the Agreement. A copy of the undertakings are attached to this decision as Attachment A and Attachment B.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2014. The nominal expiry date of the Agreement is 31 October 2016.

DEPUTY PRESIDENT

Attachment A:

Attachment B:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd, trading as Spotless, applied to the Fair Work Commission for the approval of the Spotless National Maintenance Enterprise Agreement 2014. The application arose in the context of an enterprise agreement which was intended to govern the employment conditions of Spotless's maintenance workers across Australia. The application was contested by the Australian Services Union, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission had to consider whether proper consultation and bargaining processes had been followed. Substantively, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, including wages and other entitlements. The Commission also had to assess whether the agreement allowed for the protection of employees' rights and interests.

The Fair Work Commission, after reviewing the evidence and submissions, found that the procedural requirements had been substantially met, with appropriate consultation and negotiation processes undertaken. On the substantive requirements, the Commission determined that the proposed agreement provided for fair and reasonable terms and conditions of employment. The agreement included provisions for wages, leave entitlements, and other benefits that were consistent with industry standards and practices. The Commission was satisfied that the agreement protected employees' rights and interests adequately. Consequently, the Fair Work Commission approved the Spotless National Maintenance Enterprise Agreement 2014, finding it to be in compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established