DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Total Focus Concepts Pty Ltd T/A Total Focus Cleaning
(AG2016/711)

TOTAL FOCUS CLEANING EMPLOYEE AGREEMENT 2016

Cleaning services
COMMISSIONER ROE	MELBOURNE, 13 MAY 2016

Application for approval of the Total Focus Cleaning Employee Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Total Focus Cleaning Employee Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Total Focus Concepts Pty Ltd T/A Total Focus Cleaning. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 13 May 2016 and, in accordance with s.54, will operate from 20 May 2016. The nominal expiry date of the Agreement is 13 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Total Focus Concepts Pty Ltd T/A Total Focus Cleaning applied to the Fair Work Commission for approval of the Total Focus Cleaning Employee Agreement 2016. The application was made under section 231 of the Fair Work Act 2009. The dispute was between Total Focus Concepts and its employees, represented by the National Tertiary Education Union. The employees objected to the proposed agreement, contending that it was not in their best interests.

The legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Act and whether it was in the best interests of the employees. Specifically, the Commission had to consider if the agreement provided for terms and conditions of employment that were no less favourable than the applicable award or modern award, and if the agreement provided for procedural fairness, a mechanism for dispute resolution, and other necessary protections for employees. The Commission also needed to assess if the agreement had been made in good faith and if it was in the best interests of the employees.

After examining the proposed agreement and the evidence presented by both parties, the Commission found that the Total Focus Cleaning Employee Agreement 2016 met the requirements of section 230 of the Act. The agreement provided for terms and conditions of employment that were no less favourable than the applicable award or modern award and contained provisions for procedural fairness, dispute resolution, and other necessary protections for employees. The Commission was satisfied that the agreement had been made in good faith and was in the best interests of the employees. Therefore, the Commission approved the agreement under section 231 of the Act.

The final orders of the Commission were that the Total Focus Cleaning Employee Agreement 2016 be approved as a registered agreement under section 176 of the Act. The agreement was to be registered and published on the Commission's website. The approval was effective from the date of the Commission's decision and was to remain in force until 30 June 2021 or until varied, replaced, or terminated in accordance with the Act.

Total Focus Concepts Pty Ltd T/A Total Focus Cleaning

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established