The Australian Workers’ Union

[2013] FWCA 6269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2013/8491)

TRANSFIELD SERVICES (AUSTRALIA) PTY LTD / AWU COLLECTIVE AGREEMENT (CLEANING - VIC GSS) 2012-2013

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 2 SEPTEMBER 2013

Application for approval of the Transfield Services (Australia) Pty Ltd / AWU Collective Agreement (Cleaning - Vic GSS) 2012 - 2013.

[1] An application has been made for approval of an enterprise agreement known as the Transfield Services (Australia) Pty Ltd / AWU Collective Agreement (Cleaning - Vic GSS) 2012 - 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Australian Workers’ Union. The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2013. The nominal expiry date of the Agreement is 30 December 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union (AWU) applied to the Fair Work Commission for approval of the Transfield Services (Australia) Pty Ltd / AWU Collective Agreement (Cleaning - Vic GSS) 2012-2013. The application was made pursuant to section 235 of the Fair Work Act 2009. The dispute involved the approval of a new collective agreement between the AWU and Transfield Services, governing the employment conditions of cleaning staff in Victoria. The Commission was tasked with determining whether the agreement met the criteria for registration under the Fair Work Act.

The legal issues before the Commission included whether the agreement provided for a fair and efficient workplace, whether it complied with the relevant provisions of the Fair Work Act, and whether it was made in good faith. Additionally, the Commission had to consider whether the agreement provided for a minimum rate of pay and other conditions of employment that were no less favourable than the applicable award or safety net. The AWU argued that the agreement met these criteria and should be registered, while Transfield Services contested certain provisions, suggesting they were not in line with the Act.

In reaching its decision, the Commission noted the importance of balancing the interests of employees and employers in the collective bargaining process. The Commission found that the agreement provided for fair and efficient workplaces, met the requirements of the Fair Work Act, and was made in good faith. The agreement also provided for a minimum rate of pay and conditions that were no less favourable than the applicable award or safety net. Consequently, the Commission approved the collective agreement, finding it to be in the best interests of the employees and employers involved.

The Commission's final order was that the Transfield Services (Australia) Pty Ltd / AWU Collective Agreement (Cleaning - Vic GSS) 2012-2013 be approved and registered under section 235 of the Fair Work Act 2009. This decision ensured that the agreement would be legally binding and enforceable, providing clarity and certainty to both parties regarding their employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established