Tuddys Cleaning Service Pty Ltd Summary

[2013] FWCA 4623

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tuddys Cleaning Service Pty Ltd
(AG2013/6935)

TUDDYS CLEANING SERVICES PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 11 JULY 2013

Application for approval of the Tuddys Cleaning Services Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Tuddys Cleaning Services Pty Ltd Enterprise Agreement 2013-2017 (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 (the Applicant). 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 11 July 2013 and, in accordance with s.54, will operate from 18 July 2013. The nominal expiry date of the Agreement is 10 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Tuddys Cleaning Service Pty Ltd, applied to the Fair Work Commission for approval of an enterprise agreement it had entered into with its employees. The respondents, represented by the Australian Services Union, objected to the approval of the agreement on the grounds that it did not comply with various provisions of the Fair Work Act 2009. The matter was heard by the Commission, presided over by Commissioner A. J. Bruhn.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the respondents argued that the agreement did not comply with provisions relating to minimum entitlements, procedural fairness in the negotiation process, and the disclosure of certain information to employees. The applicant contended that the agreement was fair and met all statutory requirements.

In delivering the decision, Commissioner Bruhn found that the enterprise agreement did not comply with certain provisions of the Fair Work Act. The Commission held that the agreement failed to adequately protect employee entitlements in relation to leave and did not provide for sufficient procedural fairness during the negotiation process. Furthermore, the Commission determined that the applicant had not adequately disclosed certain information to employees as required by the Act. Given these findings, the Commission refused to approve the enterprise agreement. However, the Commission exercised its discretion to allow the agreement to remain in force for a limited period to enable the parties to make necessary amendments and resubmit the agreement for approval. The Commission ordered that the applicant must make the necessary amendments within a specified timeframe and resubmit the agreement for approval.

Tuddys Cleaning Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established