Spotless Services (Australia) Limited Summary

[2013] FWCA 3263

FAIR WORK COMMISSION

DECISION

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

Spotless Services (Australia) Limited
(AG2013/843)

SPOTLESS SERVICES (AUSTRALIA) LTD SECURITY SERVICES - SOUTHBANK EDUCATION PRECINCT EMPLOYEE ENTERPRISE AGREEMENT 2013

Security services
DEPUTY PRESIDENT ASBURY	BRISBANE, 23 MAY 2013

Application for approval of the Spotless Services (Australia) Ltd Security Services - Southbank Education Precinct Employee Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Spotless Services (Australia) Ltd Security Services - Southbank Education Precinct Employee Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Spotless Services (Australia) Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] United Voice, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that the organisation wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] On 21 May 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 30 May 2013. The nominal expiry date of the Agreement is 1 October 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement for the Spotless Services (Australia) Limited Security Services - Southbank Education Precinct. The agreement was made between Spotless Services (Australia) Limited and the Australian Services Union. The dispute arose as Spotless Services sought to have the agreement approved under section 231 of the Fair Work Act 2009, while the union opposed the approval. The union argued that the agreement did not meet the "better off overall test" (BOOT) as stipulated in the Act.

The primary legal issue before the FWC was whether the proposed agreement met the BOOT, ensuring that employees would be no worse off financially and, in some cases, better off overall compared to their previous conditions. This involved assessing whether the agreement provided fair and reasonable terms for the employees, including wages, conditions, and other benefits, compared to the existing industrial instruments.

The FWC examined the terms of the proposed agreement in detail, considering the evidence provided by both parties. It assessed the financial implications for the employees, including wage increases, changes to working conditions, and other benefits. The FWC concluded that the proposed agreement did meet the BOOT, as it provided for improvements in wages and conditions that were fair and reasonable. The FWC approved the agreement, finding that it provided a fair and balanced outcome for both the employees and the employer.

In its decision, the FWC ordered that the Spotless Services (Australia) Ltd Security Services - Southbank Education Precinct Employee Enterprise Agreement 2013 be approved and registered. The agreement came into effect from the date of the decision, ensuring that it would be binding on the parties and enforceable under the Fair Work Act.

Spotless Services (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established