DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spotless Services Australia Limited
(AG2015/838)

SPOTLESS FACILITY SERVICES (AUSTRALIA) PTY LTD SECURITY SERVICES - SOUTHBANK EDUCATION PRECINCT EMPLOYEE ENTERPRISE AGREEMENT 2015

Security services
COMMISSIONER GREGORY	MELBOURNE, 22 JULY 2015

Application for approval of the Spotless Facility Services (Australia) Pty Ltd Security Services-Southbank Education Precinct Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Spotless Facility Services (Australia) Pty Ltd Security Services-Southbank Education Precinct Employee Enterprise Agreement 2015 (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] I have accepted the undertakings attached to this decision which have been given by the employer.

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

[4] The Agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2015. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Spotless Services Australia Limited applied to the Fair Work Commission for the approval of the Spotless Facility Services (Australia) Pty Ltd Security Services-Southbank Education Precinct Employee Enterprise Agreement 2015. The application was opposed by the United Voice union, the Australian Education Union, and the National Tertiary Education Union. The Fair Work Commission was required to determine whether the application complied with the requirements of the Fair Work Act 2009 and whether the agreement was made in accordance with the good faith bargaining provisions of the Fair Work Act. The Commission considered the evidence provided by both the applicant and the unions, as well as the relevant provisions of the Fair Work Act.

The Fair Work Commission found that the application complied with the requirements of the Fair Work Act and that the agreement was made in accordance with the good faith bargaining provisions. The Commission noted that the applicant had provided evidence of attempts to negotiate with the unions, and that the unions had not demonstrated that the applicant had not acted in good faith. The Commission also found that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

Accordingly, the Fair Work Commission approved the Spotless Facility Services (Australia) Pty Ltd Security Services-Southbank Education Precinct Employee Enterprise Agreement 2015. The unions' application for an extension of time to lodge an appeal against the decision was dismissed. The Fair Work Commission's decision is final and binding on all parties.

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