Spotless Facility Services Pty Ltd T/A Spotless Summary

[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

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

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

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.

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

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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd, trading as Spotless, applied to the Fair Work Commission for approval of the Spotless HQ Joint Occupational Collective Agreement (NSW) 2022. The agreement was intended to establish terms and conditions of employment for certain employees within the company. The application came before the Fair Work Commission, which is tasked with ensuring compliance with the Fair Work Act 2009 and other relevant industrial legislation. The primary dispute centred around whether the agreement met the legal requirements for certification under the Act and whether it complied with the provisions governing enterprise agreements.

The legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements of the Fair Work Act, whether it contained all the mandatory terms prescribed by the Act, and whether it complied with the "better off overall test". This test requires that employees be no worse off financially under the agreement compared to their existing conditions. The Commission also needed to assess whether the agreement had been made without undue influence or coercion, and if it appropriately balanced the interests of both employees and the employer.

The Fair Work Commission found that the agreement satisfied all the necessary criteria for approval. The procedural requirements had been followed correctly, with the agreement being made through a genuine process of negotiation. The agreement contained all mandatory terms and met the better off overall test, ensuring employees would not suffer a financial detriment. There was no evidence of undue influence or coercion in the negotiation process. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, and was thus suitable for approval.

The Fair Work Commission approved the Spotless HQ Joint Occupational Collective Agreement (NSW) 2022. The approval is effective as of the date specified in the agreement and will apply to the relevant employees within the company.

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