DECISION

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

Spotless Services Australia Limited
(AG2019/4940)

SPOTLESS SERVICES NORTH QUEENSLAND STADIUM ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER SPENCER	BRISBANE, 17 JANUARY 2020

Application for approval of the Spotless Services North Queensland Stadium Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Services North Queensland Stadium Enterprise 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 Applicant). The Agreement is a single enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2020. The nominal expiry date of the Agreement is 24 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Spotless Services Australia Limited, which sought approval of the Spotless Services North Queensland Stadium Enterprise Agreement 2020. The application was heard in the Fair Work Commission, where the employer argued that the agreement was necessary to improve operational efficiency and maintain competitive advantage in the services industry. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement provided for fair and reasonable terms and conditions of employment. This involved assessing if the agreement was made in good faith, if it covered the requisite bargaining, and if it complied with the procedural requirements of the Fair Work Act. The Commission also had to consider whether the agreement provided for fair remuneration and conditions that were at least as good as, or better than, the relevant award or the national system of wages and conditions.

The Fair Work Commission found that the application met the statutory criteria for approval. It was satisfied that the agreement was made in good faith and covered the necessary bargaining. The Commission also determined that the agreement provided for fair remuneration and conditions, and that it complied with all procedural requirements. Given these findings, the Commission approved the enterprise agreement, finding that it met the legal standards set out in the Fair Work Act.

The Fair Work Commission's decision was to approve the Spotless Services North Queensland Stadium Enterprise Agreement 2020, subject to certain conditions. This decision was based on the Commission's conclusion that the agreement was made in good faith, covered the necessary bargaining, and complied with the legal requirements of the Fair Work Act.

Spotless Services Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established