Spotless Management Services Pty Ltd T/A Spotless

[2016] FWCA 4988

[2016] FWCA 4988

FAIR WORK COMMISSION

DECISION

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

Spotless Management Services Pty Ltd T/A Spotless
(AG2016/1600)

SPOTLESS (ALCOA SITES) ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 26 JULY 2016

Application for approval of the Spotless (Alcoa Sites) Enterprise Agreement 2016..

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Spotless Management 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 (Alcoa Sites) Enterprise Agreement 2016 (the ‘Agreement’). The Agreement was negotiated with the Australian Workers’ Union (the ‘Union’) and is to cover 22 employees who are engaged in the provision of catering services at Alcoa sites pursuant to a contract between the applicant and Alcoa.

[2] The employees were last notified of their representational rights on 12 May 2016 and voting for the Agreement’s approval took place on 8 and 9 June 2016. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, all 10 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 22 June 2016, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr J Douglas, General Manager Human Resources identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Douglassaid that the Agreement does not provide for some allowances, but that the Agreement provides for significantly higher rates of pay, a ‘long service allowance’ of $3.00 per week for employees with more than twelve years’ service and enhanced long service leave entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 9 respectively, and a disputes resolution procedure at clause 10 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 22 July 2016, Ms C Keddad, Ms L Jerome and Mr S Drake appeared for the applicant. Ms Keddad 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. She explained that rates of pay are to be increased by 1% on 1 January and 1 June in 2016, 2017 and 2018. The Union did not appear, but had filed a Declaration, in which the Union supported the approval of the Agreement and gave notice that it wishes to be covered by the Agreement. For the purposes of s 201(2) of the Act, I note that the Union is covered by the Agreement.

[5] Having heard the applicant’s 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 (Alcoa Sites) Enterprise Agreement 2016.Pursuant to s 54 of the Act, the Agreement shall operate from 29 July 2016 and have a nominal expiry date of 31 December 2018.

DEPUTY PRESIDENT

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