DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Services Australia Limited
(AG2019/770)

GEELONG GRAMMAR SCHOOL ENTERPRISE AGREEMENT 2018

Cleaning services
COMMISSIONER MCKINNON	MELBOURNE, 14 JUNE 2019

Application for approval of the Geelong Grammar School Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Geelong Grammar School Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Spotless Services Australia Limited.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involves Spotless Services Australia Limited, an applicant seeking approval of the Geelong Grammar School Enterprise Agreement 2018. The dispute was heard in the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements to ensure they meet certain criteria. The agreement in question was proposed to be applied to employees of the school who were employed by Spotless Services. The primary focus of the case was to determine whether the agreement met the necessary conditions for approval under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement provided for the proper process for negotiation, whether it included fair and reasonable terms and conditions, and whether it included a fair process for resolving disputes. Additionally, the court had to ensure that the agreement was not likely to undermine the protection afforded by the National Employment Standards and other applicable awards and agreements. The court needed to carefully consider the fairness and reasonableness of the agreement's provisions, particularly those concerning wages, working conditions, and dispute resolution mechanisms.

The court found that the agreement provided for a proper negotiation process and contained fair and reasonable terms and conditions. It determined that the agreement did not undermine the protection afforded by the National Employment Standards or applicable awards and agreements. The court also found that the dispute resolution process was fair and reasonable. Consequently, the court approved the Geelong Grammar School Enterprise Agreement 2018. The final orders confirmed the approval of the agreement, ensuring that it would be applicable to the employees of the school employed by Spotless Services.

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