Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning Summary

[2024] FWCA 3685

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning

(AG2024/3319)

TRIDENT SERVICES CLEANING PTY LTD AND UNITED WORKERS UNION BRISBANE AIRPORT ENTERPRISE AGREEMENT 2024

Cleaning services
COMMISSIONER DURHAM	BRISBANE, 23 OCTOBER 2024

Application for approval of the Trident Services Cleaning Pty Ltd and United Workers Union Brisbane Airport Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Trident Services Cleaning Pty Ltd and United Workers Union Brisbane Airport Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

Redundancy – clause 44.5.5
Correction to the agreement – clause 44.5.8

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

Annual leave (termination of employment) – Clause 29.7.4
Redundancy – clause 44.5.5

However, noting clause 7 of the Agreement and the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The undertaking provided corrects the typographical error at clause 44.5.8. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) sought approval of the Enterprise Agreement between Trident Services Cleaning Pty Ltd and the United Workers Union Brisbane Airport, dated 2024. The applicant, Trident Services Cleaning, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The Union did not oppose the application, although it did submit comments regarding the agreement's operation.

The primary legal issue before the FWC was whether the agreement complied with the requirements of the Fair Work Act. Specifically, the FWC had to consider whether the agreement had been made in accordance with the procedural requirements of the Act, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. The FWC also needed to consider the Union's comments and assess whether any changes were necessary to ensure the agreement met the statutory requirements.

In determining that the agreement complied with the Fair Work Act, the FWC noted that it had been made following proper consultation between the parties. The FWC found that the agreement contained all the necessary minimum terms and conditions, including those relating to wages, hours of work, and leave entitlements. The FWC also considered the Union's comments and found that any issues raised were minor and did not affect the overall fairness of the agreement. The FWC was satisfied that the agreement was in the best interests of the employees and approved the agreement as a registered agreement.

The FWC ordered that the Enterprise Agreement between Trident Services Cleaning Pty Ltd and the United Workers Union Brisbane Airport, dated 2024, be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement will now have the force of a registered agreement from the date of the FWC's decision.

Trident Services Cleaning Pty Ltd T/A Trident Services Cleaning

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established