DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2019/341)

SPOTLESS QUEENSLAND METER READING ENTERPRISE AGREEMENT 2018

Miscellaneous
COMMISSIONER YILMAZ	MELBOURNE, 8 JULY 2019

Application for approval of the Spotless Queensland Meter Reading Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Queensland Meter Reading Enterprise Agreement 2018 (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 are relevant to this application for approval and have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 15 July 2019. The nominal expiry date of the Agreement is 2 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Spotless Facility Services Pty Ltd, trading as Spotless, and its employees. The matter pertained to the application for approval of the Spotless Queensland Meter Reading Enterprise Agreement 2018. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees. The Fair Work Commission, exercising its jurisdiction under section 232 of the Fair Work Act, was tasked with reviewing the application.

The legal issues before the Commission included whether the agreement contained the minimum required terms as outlined by the Act, if it provided for a safety net of minimum wages and conditions, and if it was free from any illegality. Another significant issue was whether the agreement was made genuinely in the interests of the employees, as required by the Act. The Commission also had to consider whether the agreement met the procedural fairness requirement, ensuring that the employees had a reasonable opportunity to be heard.

In reaching its decision, the Fair Work Commission considered the content of the agreement, the process by which it was negotiated, and the evidence presented by both parties. The Commission found that the agreement contained all the required minimum terms, provided for a safety net of minimum wages and conditions, and was free from illegality. Furthermore, the Commission was satisfied that the agreement was made genuinely in the interests of the employees and that the negotiation process met the procedural fairness requirement. Based on these findings, the Commission approved the Spotless Queensland Meter Reading Enterprise Agreement 2018.

As a result of the decision, the agreement was approved and registered with the Fair Work Commission. The approval ensured that the terms and conditions of employment for the meter reading employees under the agreement would be legally enforceable, providing a clear and agreed-upon framework for the employer and employees. This decision also set a precedent for similar agreements in the industry, reinforcing the importance of compliance with the Fair Work Act and the role of the Commission in overseeing enterprise agreements.

Spotless Facility Services Pty Ltd T/A Spotless

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established