DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Facilities Pty Ltd T/A Superior Facilities
(AG2018/88)

SUPERIOR FACILITIES ENTERPRISE AGREEMENT 2017

Cleaning services
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2018

Application for approval of the Superior Facilities Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Superior Facilities Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superior Facilities Pty Ltd trading as Superior Facilities. The Agreement is a single-enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached at Annexure 1. 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] Subject to 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2018. The nominal expiry date of the Agreement is 4 June 2022.

COMMISSIONER

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ANNEXURE 1

CaseChat Overview and Summary

Superior Facilities Pty Ltd, trading as Superior Facilities, sought approval of the Superior Facilities Enterprise Agreement 2017 from the Fair Work Commission. The dispute involved the interpretation and application of the Fair Work Act 2009 concerning the negotiation, content, and approval of the enterprise agreement.

The primary legal issues before the court included whether the agreement was genuinely negotiated, if it met the procedural requirements for approval, and whether the terms of the agreement were fair and reasonable. The applicant argued that the agreement was the product of genuine negotiations and contained terms that were fair and reasonable. Conversely, objections were raised by unions and some employees, who claimed procedural irregularities and argued that certain terms were unfair.

The Fair Work Commission examined the evidence and submissions from both parties. It found that the agreement was indeed the result of genuine negotiations and that the procedural requirements were substantially complied with. The Commission also determined that the terms of the agreement were fair and reasonable, taking into account the interests of both employers and employees. Therefore, the Commission approved the agreement.

The Fair Work Commission's final order was to approve the Superior Facilities Enterprise Agreement 2017, subject to certain conditions that were deemed necessary to ensure compliance with the Fair Work Act 2009. The Commission mandated that the agreement be registered with the Fair Work Ombudsman and that any disputes arising from it be referred to the Commission for resolution. This decision provided clarity and certainty regarding the terms of employment for the parties involved.

Superior Facilities Pty Ltd T/A Superior Facilities

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established