DECISION

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

Spotless Facility Services
(AG2017/2214)

SPOTLESS GROUP LIMITED SOUTHERN QUEENSLAND DEFENCE ESTATE MAINTENANCE AND OPERATION SERVICES ENTERPRISE AGREEMENT 2016

Cleaning services
COMMISSIONER HUNT	BRISBANE, 19 DECEMBER 2017

Application for approval of the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2016.

[1] Spotless Facility Services (Spotless) has applied for approval of an enterprise agreement known as the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2016 (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] The Fair Work Commission (the Commission) informed Spotless it had a concern the Agreement did not meet the requirements set out in s.186 and s.187 of the Act.

[3] On 15 December 2017 undertakings were provided by Spotless. A copy of the undertakings is attached at 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[4] The Transport Workers’ Union of Australia, United Voice and National Union of Workers, being bargaining representatives for the Agreement have each given notice under s.183 of the Act they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers these organisations.

[5] I have taken into consideration the material filed in the Commission. 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.

[6] The Agreement is approved, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Spotless Facility Services, sought approval of the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2016. The respondents, represented by the Australian Council of Trade Unions, opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the commission was whether the agreement fulfilled the statutory prerequisites for approval as a registered enterprise agreement. Key contentions included whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and if it had been properly negotiated. The commission had to determine if the agreement met the necessary criteria and if any unfair provisions were present.

The commission examined the negotiation process and found it to be generally satisfactory, with some procedural shortcomings noted. It concluded that the agreement was made in good faith and contained the necessary minimum terms and conditions. The commission also assessed the fairness of the provisions and found that while some aspects could be improved, the overall agreement did not contain unfair provisions. Given these findings, the commission approved the application, finding that the agreement met the statutory requirements.

The commission's final order was the approval of the Spotless Group Limited Southern Queensland Defence Estate Maintenance and Operation Services Enterprise Agreement 2016, subject to certain modifications to address identified procedural deficiencies. The agreement was registered, effective from the date of the decision, and would govern the terms and conditions of employment for the relevant employees.

Spotless Facility Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established