Spotless Facility Services Pty Ltd T/A Spotless

[2014] FWCA 2030

The attached document replaces the document previously issued with the above code on 26 March 2014.

The date in the title of the agreement has been corrected in the subheading and paragraph [1] and now reads agreement 2013.

Michelle Reynolds

Associate to Commissioner Bissett

Dated 27 March 2014

[2014] FWCA 2030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2014/387)

SPOTLESS STREET CLEANING AGREEMENT 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 26 MARCH 2014

Application for approval of the Spotless Street Cleaning Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Street Cleaning Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

[4] 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 Municipal, Administrative, Clerical and Services 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.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 2 April 2014. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Spotless Facility Services Pty Ltd trading as Spotless, the applicant sought approval for the Spotless Street Cleaning Agreement 2013. This agreement was between the applicant and the respondents, various local councils. The application was made under the Fair Work Act 2009, specifically section 233, which allows for the approval of an agreement that seeks to facilitate the operations of the businesses involved.

The legal issues that the court needed to address were whether the agreement met the requirements of the Fair Work Act and whether it provided appropriate protections for employees. This included examining if the agreement facilitated productivity and efficiency in the street cleaning industry, and if it ensured that employees were not disadvantaged. The court also needed to determine if the agreement provided a fair balance between the interests of the employer and the employees.

The Fair Work Commission, in approving the agreement, found that it met the criteria set out in the Fair Work Act. It facilitated productivity and efficiency by providing flexibility in work arrangements, which was crucial for the street cleaning industry. The agreement also ensured that employees were not disadvantaged and provided adequate protections and entitlements. The Commission concluded that the agreement provided a fair balance between the interests of the employer and the employees, and therefore approved the Spotless Street Cleaning Agreement 2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established