DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless
(AG2018/4869)

SPOTLESS FACILITY SERVICES PTY LTD SECURITY SERVICES - SOUTHBANK EDUCATION PRECINCT EMPLOYEE ENTERPRISE AGREEMENT 2018

Security services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 FEBRUARY 2019

Application for approval of the Spotless Facility Services Pty Ltd Security Services - Southbank Education Precinct Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Facility Services Pty Ltd Security Services - Southbank Education Precinct Employee 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 22 February 2019 and, in accordance with s.54, will operate from 1 March 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Spotless Facility Services Pty Ltd T/A Spotless applied for approval of the Spotless Facility Services Pty Ltd Security Services - Southbank Education Precinct Employee Enterprise Agreement 2018. The application was brought pursuant to section 232 of the Fair Work Act 2009, and the parties involved were Spotless Facility Services Pty Ltd and the Australian Council of Trade Unions. The dispute centred on the validity and fairness of the proposed enterprise agreement, specifically whether it met the criteria for approval under the Fair Work Act.

The legal issues before the commission were whether the agreement was a genuine enterprise agreement, whether it had been made in good faith, and whether it complied with the procedural requirements of the Fair Work Act. Additionally, the commission needed to determine whether the agreement was procedurally fair and whether it met the standards of procedural fairness under the act.

The commission found that the proposed enterprise agreement was indeed a genuine enterprise agreement that had been made in good faith. The evidence demonstrated that the agreement was the product of genuine negotiations between the parties, and that it met the procedural requirements of the Fair Work Act. The commission also found that the agreement was procedurally fair and that it met the standards of procedural fairness under the act. Accordingly, the commission approved the agreement.

The Fair Work Commission approved the Spotless Facility Services Pty Ltd Security Services - Southbank Education Precinct Employee Enterprise Agreement 2018, finding that it was a genuine enterprise agreement that had been made in good faith and that it met the procedural requirements of the Fair Work Act. The commission found that the agreement was procedurally fair and that it met the standards of procedural fairness under the act. The agreement was approved, and the parties were directed to take all necessary steps to give effect to 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