Spotless Facility Services Pty Ltd T/A Spotless

[2020] FWCA 1786

[2020] FWCA 1786 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2020/525)

SPOTLESS FACILITY SERVICES PTY LTD (MAINTENANCE) VICTORIAN ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT CLANCY	MELBOURNE, 2 APRIL 2020

Application for approval of the Spotless Facility Services Pty Ltd (Maintenance) Victorian Enterprise Agreement 2019.

[1] Spotless Facility Services Pty Ltd T/A Spotless (Spotless) has made an application for approval of an enterprise agreement known as the Spotless Facility Services Pty Ltd (Maintenance) Victorian Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement does not cover all of the employees of Spotless, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] Spotless has provided written undertakings. A copy of the undertakings is attached in Annexure A. On 26 March 2020 and pursuant to s.190(4) of the Act, I sought the views of each of the three bargaining representatives identified in the Form F16 – Application for approval of an enterprise agreement in relation to the written undertakings provided by Spotless. Two of the three bargaining representatives responded confirming they were satisfied with and had no objections to the undertakings. The third bargaining representative has not provided its views in relation to the undertakings provided by Spotless, despite follow up correspondence sent from my chambers on 1 April 2020. I am, however, satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are therefore taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU-ETU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers the CFMMEU, the CEPU-ETU and the AMWU.

[6] The Agreement was approved on 2 April 2020 and, in accordance with s.54, will operate from 9 April 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A