Spotless Services Australia Limited

[2015] FWCA 1676

[2015] FWCA 1676

FAIR WORK COMMISSION

DECISION

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

Spotless Services Australia Limited
(AG2015/328)

GEELONG GRAMMAR SCHOOL ENTERPRISE BARGAINING AGREEMENT 2014

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 13 MARCH 2015

Application for approval of the Geelong Grammar School Enterprise Bargaining Agreement 2014.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Spotless Services Australia Limited (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Geelong Grammar School Enterprise Bargaining Agreement 2014 (the ‘Agreement’). The Agreement was negotiated with United Voice (the ‘Union’) and four nominated Employee Bargaining Representatives (EBRs). The Agreement is to cover 55 employees who are perform work at Geelong Grammar School pursuant to a contract between the applicant and the School. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 17 September 2014 and voting for the Agreement’s approval took place between 4 and 7 February 2015. The time limits under s 181(2) of the Act are thereby satisfied. In an online ballot, all 23 of the employees who cast a valid vote agreed to approve the Agreement. The application for approval of the Agreement was lodged on 18 February 2015 thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms C Egan identified the Hospitality Industry (General) Award 2010 [MA000009], the Cleaning Services Award 2010 [MA000022], the Catering - Victoria - Award 1998 [AP772681] and the Building Services (Victoria) Award 2003 [AP822844] as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’). Ms Egansaid that the Agreement does provide for some terms and conditions that are less beneficial than the reference instruments, including reduced penalty rates for Saturdays and Sundays, a less generous meal allowance and a more flexible split shift system. However, the Agreement provides for a number of terms and conditions that are in excess of, or more beneficial than those under the reference instruments, including higher rates of pay, paid leave for Union delegates and enhanced sick and compassionate leave entitlements. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 8 and 35 respectively, and a disputes resolution procedure at clause 32 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 10 March 2015, Ms C Egan appeared with Mr J Douglas for the applicant,Ms A Wyrick appeared for the Union and Ms C McInnes, Ms J Sadler, Ms L Lodding and Ms S Delaney appeared in their respective capacities as EBRs. Ms Egan outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increased by 3% on 17 October in each year of the Agreement’s nominal term. The increase due on 17 October 2014 would be backpaid to the employees once the Agreement had been approved by the Commission. Ms Wyrick and the four EBRs all supported the submissions of Ms Egan. The Union had filed a Declaration in relation to the application (Form 18) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Geelong Grammar School Enterprise Bargaining Agreement 2014.Pursuant to s 54 of the Act, the Agreement shall operate from 17 March 2015 and have a nominal expiry date of 17 October 2017.

DEPUTY PRESIDENT

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