DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unicorn Cleaning and Gardening Services Pty Ltd
(AG2015/3210)

UNICORN CLEANING AND GARDENING SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Cleaning services
COMMISSIONER LEE	MELBOURNE, 6 JULY 2015

Application for approval of the Unicorn Cleaning and Gardening Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Unicorn Cleaning and Gardening Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unicorn Cleaning and Gardening Services Pty Ltd. 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 Agreement was approved on 6 July 2015 and, in accordance with s.54 of the Act, will operate from 13 July 2015. The nominal expiry date of the Agreement is 5 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application by Unicorn Cleaning and Gardening Services Pty Ltd for the approval of their 2015 Enterprise Agreement. The applicant, Unicorn, sought to formalise the terms and conditions of employment for its employees as stipulated in the proposed agreement. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and provided for the fair and equitable treatment of employees. The Fair Work Commission, under the authority of the Fair Work Act, was tasked with assessing the agreement to determine its compliance with the legislative framework and the Fair Work Principles.

The primary legal issues the Commission had to address included whether the agreement contained all the mandatory terms as required by the Fair Work Act, whether it provided for minimum entitlements and protections for employees, and whether it was made in accordance with the relevant provisions of the Act. The Commission also needed to consider whether the agreement was genuinely bargained and not the result of any form of coercion or undue influence. Furthermore, the Commission evaluated whether the agreement ensured that employees were treated fairly and equitably, taking into account the principles of good faith bargaining and the avoidance of undue hardship.

The Fair Work Commission carefully examined the provisions of the proposed agreement and found that it contained all the mandatory terms as required by the Fair Work Act. The agreement was deemed to provide for minimum entitlements and protections for employees, including wages, leave entitlements, and conditions of work. The Commission concluded that the agreement was genuinely bargained and not the result of any form of coercion or undue influence. Additionally, the Commission was satisfied that the agreement ensured that employees were treated fairly and equitably, in line with the principles of good faith bargaining and the avoidance of undue hardship. Consequently, the Commission approved the agreement, recognising it as a lawful and fair document that met the requirements of the Fair Work Act.

The final orders of the Fair Work Commission were that the Unicorn Cleaning and Gardening Services Pty Ltd Enterprise Agreement 2015 be approved as a certified agreement under the Fair Work Act 2009. The approval was effective from the date of the Commission's decision, and the agreement was to be registered with the Fair Work Commission. This decision provided clarity and certainty for both Unicorn and its employees, ensuring that the terms and conditions of employment were legally compliant and fair.

Unicorn Cleaning and Gardening Services Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established