Spotless Facility Services Pty Ltd T/A Spotless

[2022] FWCA 4257

[2022] FWCA 4257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless

(AG2022/4640)

Spotless HQJOC NSW Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 DECEMBER 2022

Application for approval of the Spotless HQJOC NSW Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement to be known as the Spotless HQJOC NSW Enterprise Agreement 2022 (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 (Employer). The Agreement is a single enterprise agreement.

Undertakings

1. The Employer has provided written undertakings dated 2 December 2022. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Plumbing and Fire Sprinkler Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

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<AE518419  PR748570>

Annexure A