SPOTLESS SERVICES AUSTRALIA LIMITED

[2019] FWCA 4841

[2019] FWCA 4841

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPOTLESS SERVICES AUSTRALIA LIMITED
(AG2019/267)

UNITED VOICE SA – SPOTLESS PUBLIC HOSPITALS ENTERPRISE AGREEMENT 2018

HEALTH AND WELFARE SERVICES
COMMISSIONER PLATT	ADELAIDE, 11 JULY 2019

Application for approval of the United Voice SA – Spotless Public Hospitals Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Voice SA – Spotless Public Hospitals Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Spotless Services Australia Limited. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 May 2019.

[3] On 27 May and 28 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 28 June 2019. The undertaking deals with the following topics:

•  The definition of shift worker in Clause 4.1 is for the purposes of the NES.

•  Clauses 6.5.2.2, 6.5.2.5, 7.5.2.2, 7.5.2.4 and 6.2.8 have no effect.

•  Clauses 6.5.2.4, 7.1.1.1, 7.1.2, 7.2.1.1, 7.5.2.5 shall not operate in a manner inconsistent with the NES.

•  The provision concerning employees being charged an amount for failing to return uniforms in Schedule 3 Clause 1.2 shall have no effect.

•  Despite Clause 6.4.5 TOIL not taken shall be paid out on termination at the appropriate overtime rate.

•  Employees who would otherwise be covered by the Hospitality Industry (General) Award:

•  who are required to launder special clothing shall be reimbursed in accordance with the Award.

•  who are appointed to undertake First Aid duties shall be paid an allowance in accordance with the Award.

•  will be paid a working early (transport) allowance in circumstances contemplated by the Award.

•  who are required to operate a forklift shall paid a forklift allowance in accordance with the Award.

•  Employees who would otherwise be covered by the Miscellaneous Award:

•  who are appointed to undertake First Aid duties shall be paid an allowance in accordance with the Award.

•  will be reimbursed for expenses in accordance with the Award.

•  Employees who would otherwise be covered by the Cleaning Services Award:

•  who only work on a Sunday will be paid a 200% penalty for all hours worked.

•  who work a shift on a Sunday, and one other shift during the week of less than 4.5 hours will in addition to a 200% penalty on Sunday be paid any shortfall which would otherwise be payable under the Award in the next pay period.

•  Will be engaged or paid for a minimum of four (4) hours where they are engaged at a location with a total cleaning area of more than 5000 square metres.

•  who are appointed to undertake First Aid duties shall be paid an allowance in accordance with the Award.

•  who are required to travel from one workplace to another will be paid travelling time and fares in accordance with the Award.

•  who are engaged to clean from a scaffold swing boatswain’s chair or similar will be paid a height allowance in accordance with the Award.

•  Despite the definition of shift worker in Clause 4.1, employees who would otherwise be covered by the Gardening and Landscaping Services Award will be defined as shift workers where their ordinary working period includes Saturdays, Sunday and/or Public Holidays.

•  Employees who would otherwise be covered by the Gardening and Landscaping Services Award:

•  are entitled to overtime rates on Saturday and Sunday.

•  during periods of water restrictions are entitled to be paid 150% for ordinary hours worked outside the spread of 6am to 6pm, Monday to Friday (or hours after noon on Saturday, and anytime Sunday).

•  who are appointed to undertake First Aid duties shall be paid an allowance in accordance with the Award.

•  Employees who would otherwise be covered by the Security Services Award:

•  who only work on a Sunday will be paid a 200% penalty for all hours worked.

•  who work a shift on a Sunday and one other shift during the week of less than 10.5 hours will, in addition to a 200% penalty on Sunday, be paid any shortfall which would otherwise be payable under the Award in the next pay period.

•  will be engaged or paid for a minimum of four (4) hours.

•  who are appointed to undertake First Aid duties shall be paid an allowance in accordance with the Award.

•  who are required to use or carry a firearm will be paid an allowance in accordance with the Award.

•  who are appointed as a relieving officer will be paid an allowance in accordance with the Award.

•  The ordinary hours of work for employees who would otherwise be covered by the Clerks Private Sector Award, and, but for the Agreement, would be day workers – are between 7am and 7pm Monday to Friday and from 7am to 12.30pm Saturday (or altered by one hour at either end by agreement).

•  Employees who would otherwise be covered by the Clerks Private Sector Award who:

•  commence a shift before 12pm which finishes after 7pm will be paid an afternoon shift allowance of 15% in accordance with the Award.

•  who are appointed to undertake First Aid duties shall be paid an allowance in accordance with the Award.

•  who choose to work permanent night shift will be paid a 30% penalty despite Clause 6.2.5.

•  Casual and Part time employees are entitled to shift penalties at Clause 6.2.1 where they work shifts of less than eight hours due to the operation of Clause 6.2.4.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 October 2020.

COMMISSIONER

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