Springmount Services Pty Ltd T/A Springmount Services
[2025] FWCA 29
•3 JANUARY 2025
| [2025] FWCA 29 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Springmount Services Pty Ltd T/A Springmount Services
(AG2024/4723)
UNITED WORKERS UNION AND SPRINGMOUNT SERVICES 5 STAR CLEANING AND SAFEGUARD QIC SHOPPING CENTRE AGREEMENT 2024
| Cleaning services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 3 JANUARY 2025 |
Application for approval of the United Workers Union and Springmount Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the United Workers Union and Springmount Services 5 Star Cleaning and Safeguard QIC Shopping Centre Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Springmount Services Pty Ltd (Employer). The Agreement is a single enterprise agreement.
NERR issue
There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer provided on 2 January 2025, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
Application brought out of time
The Agreement was lodged with the Commission on 29 November 2024. Section 185(3) of the Act provides that an enterprise agreement must be lodged with the Commission for approval within 14 days of it being “made” (i.e. approved by relevant employees), or within such time as the Commission allows if it considers it fair to extend the time period for lodgement. The Agreement was made on 7 November 2024. The Employer has made submissions that detail the circumstances as to why the Agreement application was lodged 8 days outside of the statutory 14 day time period. In the circumstances of this Application, and having regard to the circumstances outlined by the Employer, I consider it fair to extend the period in which this Application (for approval of an enterprise agreement) was lodged with the Commission to 29 November 2024, and I do so.
Coverage of employee organisation
The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Workplace delegates’ rights clause
The Agreement covers workers who would otherwise be covered by the Cleaning Services Award 2020 and the Security Services Industry Award 2020. In selecting which delegates rights clause to insert s.205A(2) requires that the Commission determine which is the more favourable term of those in the applicable Awards. I have determined that the term contained in the Cleaning Services Award 2020 is the more favourable term.
Accordingly, pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Cleaning Services Award 2020 is taken to be a term of the Agreement.
Conclusion
I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2025. The nominal expiry date of the Agreement is 20 June 2028.
DEPUTY PRESIDENT
[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.
[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.
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