Spotless Facility Services Pty Ltd T/A Spotless

[2014] FWCA 2073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2014/518)

SPOTLESS RESOURCES - MOOMBA SECURITY - ENTERPRISE AGREEMENT 2014

Security services
COMMISSIONER GREGORY	MELBOURNE, 27 MARCH 2014

Application for approval of the Spotless Resources - Moomba Security - Enterprise Agreement 2014.

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

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2014. The nominal expiry date of the Agreement is 7 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd, trading as Spotless, applied for approval of the Spotless Resources - Moomba Security - Enterprise Agreement 2014, with the Fair Work Commission. The application was contested by the Australian Council of Trade Unions and the Australian Services Union, who objected to the proposed agreement on several grounds. The primary dispute centred on the terms and conditions of employment within the agreement, particularly in relation to employee entitlements, classification, and procedural fairness.

The legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically whether the agreement provided for minimum terms and conditions, and whether it was made in good faith and on a voluntary basis. The objectors argued that the agreement did not sufficiently protect employee rights and entitlements, and that certain provisions could lead to unfair treatment of employees.

In its decision, the Commission found that the proposed agreement met the statutory requirements for approval. The Commission noted that while there were areas of concern raised by the objectors, the agreement provided for a range of employee entitlements and included mechanisms for resolving disputes. The Commission concluded that the agreement was made in good faith and on a voluntary basis, and that it provided for the minimum terms and conditions required by law. The Commission approved the Spotless Resources - Moomba Security - Enterprise Agreement 2014, subject to certain conditions designed to protect employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established