Spotless Facility Services Pty Ltd t/as Spotless

[2014] FWCA 7951

[2014] FWCA 7951

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Spotless Facility Services Pty Ltd t/as Spotless
(AG2014/9774)

SPOTLESS REMOTE SITES ONSHORE ENTERPRISE AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Spotless Remote Sites Onshore Enterprise Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Spotless Facility Services Pty Ltd t/as Spotless (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Spotless Remote Sites Onshore Enterprise Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with four nominated Employee Bargaining Representatives (EBRs) and is to cover 85 employees who are engaged in the provision of catering, cleaning, facilities management and related services in satisfaction of contracts entered into by the applicant with other parties across Australia. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 24 June 2014, and voting for the Agreement’s approval took place between 25 and 30 September 2014. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, 48 of the 56 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 6 November 2014. While I note that this is outside the statutory time limit contemplated by s 185(3)(a) of the Act, I understand that there were technical issues surrounding the electronic lodgement of the application which are currently being investigated by the Commission and which were beyond the applicant’s control. Accordingly, I consider it fair in all the circumstances to extend the time for lodgement to 6 November 2014 (s 185(3)(b)).

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C Egan, Employee Relations Advisor, identified the following instruments as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’):

• Hospitality Industry (General) Award 2010 [MA000009];



• Cleaning Services Award 2010 [MA000022];



• Security Services Industry Award 2010 [MA000016];



• Clerks - Private Sector Award 2010 [MA000002];



• Road Transport and Distribution Award 2010 [MA000038] and



• Manufacturing and Associated Industries and Occupations Award 2010 [MA000010].

[4] Ms Egansaid that the Agreement does provide for some terms and conditions that are less beneficial than those under the reference instruments, including changes to meal break entitlements. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay into which penalty rates for work performed on Saturdays, Sundays and Public Holidays have been loaded and enhanced accommodation and meal entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 36 and 37 respectively, and a disputes resolution procedure at clause 28 provides for conciliation and arbitration by the Commission.

[5] At a hearing of the application on 10 November 2014, Mr J Douglas, General Manager Human Resourcesappeared with Ms C Egan for the applicant. Mr P Crispe, Mr P Davies and Ms M Nottle appeared in their respective capacities as EBRs. Mr Douglas outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that while the Agreement was expressed to cover employees working across Australia, at the time of approval it only covered 85 employees employed to work at the Olympic Dam site in South Australia. However, the applicant is confident of securing new contracts in other states. Mr Douglas confirmed that the rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review Decisions. Mr Crispe, Mr Davies and Ms Nottle all indicated that they and the employees who they represented supported the approval of the Agreement.

[6] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Spotless Remote Sites Onshore Enterprise Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 17 November 2014 and have a nominal expiry date of 1 September 2018.

DEPUTY PRESIDENT

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