Spotless Facility Services Pty Ltd Trading As Downer

[2025] FWCA 1022

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Spotless Facility Services Pty Ltd Trading As Downer

(AG2025/636)

DOWNER SOUTHBANK EDUCATION PRECINCT (CAMPUS SUPPORT) ENTERPRISE AGREEMENT 2024

Building services
COMMISSIONER DURHAM	BRISBANE, 24 MARCH 2025

Application for approval of the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024 (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 Trading As Downer (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 6.8.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER
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CaseChat Overview and Summary

The matter before the court involved an application by Spotless Facility Services Pty Ltd, trading as Downer, for the approval of the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024. The primary dispute centered on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The case was heard in the Fair Work Commission, where the central legal issues revolved around the fairness and appropriateness of the terms and conditions outlined in the enterprise agreement.

The court was tasked with determining whether the agreement was genuinely intended to facilitate the improvement of workplace relations and whether it was free from any undue coercion or pressure. Additionally, the court needed to assess if the agreement provided fair and reasonable terms for both the employees and the employer, and if it complied with the legal standards set forth by the Fair Work Act. This included scrutinising the process through which the agreement was negotiated and the extent to which it ensured genuine bargaining between the parties.

After careful consideration of the arguments presented and the evidence provided, the court concluded that the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024 did indeed meet the statutory requirements for approval. The court found that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable for all parties involved. The court also determined that the agreement would contribute positively to the improvement of workplace relations, as intended by the Fair Work Act. Consequently, the court approved the enterprise agreement.

As a result of this decision, the Downer Southbank Education Precinct (Campus Support) Enterprise Agreement 2024 was formally approved, and it will now serve as the governing agreement for the employment conditions of the relevant workforce. The terms of the agreement will be applicable, providing a framework for the relationship between Spotless Facility Services Pty Ltd, trading as Downer, and its employees in the specified precinct.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established