Spotless Services Australia Limited

[2020] FWCA 2263

[2020] FWCA 2263

FAIR WORK COMMISSION

DECISION

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

Spotless Services Australia Limited
(AG2020/905)

SPOTLESS BLUESCOPE HASTINGS CATERING AGREEMENT 2020

Hospitality industry
COMMISSIONER CIRKOVIC	MELBOURNE, 30 APRIL 2020

Application for approval of the Spotless BlueScope Hastings Catering Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Spotless BlueScope Hastings Catering Agreement 2020 (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 Limited. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 30 April 2020 and, in accordance with s.54, will operate from 7 May 2020. The nominal expiry date of the Agreement is 30 April 2023.

COMMISSIONER

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Annexure A: