Tuddys Cleaning Service Pty Ltd T/A Tuddys Cleaning Summary

[2018] FWCA 1649

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tuddys Cleaning Service Pty Ltd T/A Tuddys Cleaning

(AG2017/6014)

Tuddys Cleaning Service Pty Ltd Enterprise Agreement 2017 - 2021

Cleaning services
Commissioner Lee	MELBOURNE, 21 MARCH 2018

Application for approval of the Tuddys Cleaning Service Pty Ltd Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Tuddys Cleaning Service Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tuddys Cleaning Service Pty Ltd T/A Tuddys Cleaning. The Agreement is a single enterprise agreement.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2018. The nominal expiry date of the Agreement is 20 March 2022.

COMMISSIONER

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CaseChat Overview and Summary

Tuddys Cleaning Service Pty Ltd, trading as Tuddys Cleaning, was the applicant in a Fair Work Commission case concerning the approval of their Enterprise Agreement 2017-2021. The application was brought before the Fair Work Commission, which has jurisdiction over enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly in relation to the conditions of employment it provided for workers within the cleaning services industry.

The primary legal issues the court needed to address were whether the agreement satisfied the 'better off overall test' and whether it contained all the mandated terms and conditions as stipulated by the Fair Work Act. The 'better off overall test' requires that employees be no worse off financially under the new agreement compared to their previous conditions, while the mandated terms and conditions ensure that the agreement does not omit any essential protections for workers. The court also had to consider if the agreement had been fairly negotiated and if it complied with other statutory requirements.

The Fair Work Commission found that the agreement met the better off overall test, as it provided employees with a salary increase and improved conditions without reducing their overall financial benefits. The court also determined that all mandated terms and conditions were included in the agreement, thereby meeting the statutory requirements. Additionally, the evidence presented indicated that the agreement had been fairly negotiated between the employer and the employees, satisfying the procedural fairness aspect of the approval process. Therefore, the Commission approved the Enterprise Agreement 2017-2021, confirming its compliance with the relevant legislation.

The final orders of the Fair Work Commission approved the Tuddys Cleaning Service Pty Ltd Enterprise Agreement 2017-2021, recognising it as a lawful and fair agreement between the employer and employees. This decision ensured that the terms and conditions outlined in the agreement would be enforceable, providing a clear framework for the employment relationship moving forward.

Tuddys Cleaning Service Pty Ltd T/A Tuddys Cleaning

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established