Spotless Facility Services Pty Ltd

The applicant, Spotless Facility Services Pty Ltd, sought approval for the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018. The application was brought before the Fair Work Commission, the primary federal workplace relations tribunal in Australia, to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The respondent, a registered organisation, argued that the agreement should not be approved due to certain clauses that allegedly contravened provisions of the Act.

The key legal issue before the Commission was whether the agreement was a "single enterprise agreement," as required by section 232 of the Fair Work Act. A single enterprise agreement must be an enterprise agreement that applies to a single enterprise. The Commission had to consider whether the agreement met this definition and whether it contained provisions that were unfair or did not comply with the requirements of the Act. The respondent argued that the agreement was not a single enterprise agreement as it applied to multiple entities within the respondent's business structure.

The Fair Work Commission determined that the agreement was, in fact, a single enterprise agreement as it applied to a single enterprise. The Commission found that the agreement was not invalid due to the inclusion of certain clauses that the respondent argued contravened the Act. The Commission held that the agreement was fair and did not contain any provisions that contravened the Act. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Spotless Central Queensland Coal Facilities Management Enterprise Agreement 2018, finding it to be a single enterprise agreement and compliant with the Fair Work Act. The respondent's application was dismissed, and the agreement was approved for registration.