DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Facility Services Pty Ltd T/A Spotless P&F Pty Ltd
(AG2018/643)

SPOTLESS STREET CLEANING AGREEMENT 2017

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2018

Application for approval of the Spotless Street Cleaning Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Street Cleaning Agreement 2017 (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 P&F Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Australian Municipal, Administrative, Clerical and Services 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 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

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 P&F Pty Ltd, the applicant sought approval for the Spotless Street Cleaning Agreement 2017 from the Fair Work Commission. The agreement was intended to replace the existing enterprise agreement and was a subject of negotiation between the applicant and various unions representing employees. The unions contested the application, arguing that the proposed agreement did not adequately provide for employee entitlements and protections.

The central legal issue before the commission was whether the proposed agreement provided fair and reasonable terms and conditions for the employees, as required by the Fair Work Act 2009. This involved an assessment of the agreement's provisions against the relevant legislative and regulatory framework, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The commission had to determine if the applicant had complied with all necessary processes and if the proposed agreement met the statutory requirements for approval.

Upon reviewing the agreement, the commission found that the applicant had followed all required processes and engaged in good faith negotiations. The commission determined that the agreement provided fair and reasonable terms and conditions for the employees. The commission noted that the proposed agreement included provisions that were, in many respects, comparable to those in the existing agreement and provided adequate protections and entitlements for employees. Consequently, the commission approved the Spotless Street Cleaning Agreement 2017. The unions' objections were dismissed as the commission found that the applicant had acted appropriately and the agreement was fair and reasonable.

Spotless Facility Services Pty Ltd T/A Spotless P&F Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established