DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless Group
(AG2015/4315)

SPOTLESS QUEENSLAND METER READING ENTERPRISE AGREEMENT 2015

Electrical power industry
DEPUTY PRESIDENT ASBURY	MELBOURNE, 1 OCTOBER 2015

Application for approval of the Spotless Queensland Meter Reading Enterprise Agreement 2015.

[1] Spotless Facility Services Pty Ltd T/A Spotless Group applies for approval of an enterprise agreement known as the Spotless Queensland Meter Reading Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] On 29 September 2015 and 30 September 2015 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved, in accordance with s.54 of the Act, will operate from 8 October 2015. The nominal expiry date of the Agreement is 2 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Facility Services Pty Ltd, trading as Spotless Group, applied to the Fair Work Commission for approval of the Spotless Queensland Meter Reading Enterprise Agreement 2015. The application was contested by the Queensland Council of Trade Unions, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on the fairness and compliance of the proposed enterprise agreement concerning the conditions of employment for meter readers.

The central legal issues before the commission involved whether the agreement was genuinely bargained, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for approval. Specifically, the commission needed to determine if the agreement was made without any form of coercion or undue influence and if it provided for minimum wages and conditions as stipulated by the Fair Work Act.

In its decision, the commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms and conditions. The commission concluded that the agreement was procedurally valid and did not contain any unfair provisions. The commission emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms while balancing the rights of both employers and employees. Consequently, the commission approved the Spotless Queensland Meter Reading Enterprise Agreement 2015, allowing it to come into effect.

The commission's final order was that the Spotless Queensland Meter Reading Enterprise Agreement 2015 be approved and registered, effective from the date of the decision. This approval ensures that the terms and conditions of the agreement are legally binding and enforceable between Spotless Facility Services Pty Ltd and its meter reading employees.

Spotless Facility Services Pty Ltd T/A Spotless Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established