DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2018/6846)

SPOTLESS SOUTHBANK EDUCATION PRECINCT (CAMPUS SUPPORT) ENTERPRISE AGREEMENT 2018

Cleaning services
COMMISSIONER BISSETT	MELBOURNE, 1 MAY 2019

Application for approval of the Spotless Southbank Education Precinct (Campus Support) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Southbank Education Precinct (Campus Support) 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] United Voice 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Spotless Facility Services Pty Ltd, trading as Spotless, an application was made to the Fair Work Commission for the approval of the Spotless Southbank Education Precinct (Campus Support) Enterprise Agreement 2018. The dispute arose as it related to the terms and conditions of employment for the employees of Spotless working within the Southbank Education Precinct. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a genuine enterprise agreement within the meaning of the Act, and whether it had been made in accordance with the processes outlined in the legislation. Additionally, the Commission needed to consider whether the agreement provided for the appropriate minimum entitlements for employees, and whether it met the 'better off overall test' to ensure employees were not worse off under the new agreement.

The Commission examined the negotiation process and found that it had been conducted in good faith and without coercion. The agreement was comprehensive, covering various aspects of employment including wages, hours of work, and other conditions. The Commission also assessed the provisions against the minimum entitlements and determined that employees would not be disadvantaged by the agreement. Consequently, the Commission found that the agreement satisfied the requirements for approval and met the 'better off overall test'. The application was subsequently approved, and the agreement was registered under the Fair Work Act.

In conclusion, the Fair Work Commission approved the Spotless Southbank Education Precinct (Campus Support) Enterprise Agreement 2018, finding that it was a genuine enterprise agreement made in good faith and met the statutory requirements for approval. The agreement was comprehensive and provided for appropriate minimum entitlements, ensuring that employees were not worse off overall. The Commission's decision was based on a thorough examination of the negotiation process and the provisions of the agreement.

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