United Voice

[2014] FWC 5740

[2014] FWC 5740

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/5730)

COMMISSIONER GREGORY MELBOURNE, 11 SEPTEMBER 2014

Application for approval of the Rose Cleaning Service and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools.

[1] This matter involves an application by United Voice (the Applicant) for approval of a single enterprise agreement known as the Rose Cleaning Service and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools (the Agreement). The application is made under s.185 of the Fair Work Act 2009 (Cth) (the Act) and the Employer is Rose Cleaning Service (the Employer).

[2] The application is one of a number of similar applications made by United Voice involving employers who have employees involved in performing work under the terms of contracts entered into with the ACT Government for the cleaning of public schools in the Australian Capital Territory.

[3] In reviewing this Agreement, and in a similar manner to those other Agreements, the Commission raised several issues about which it sought further clarification. It is not necessary to go into detail in the context of this decision about those matters but, in summary, they concern the provisions of the proposed dispute resolution clause, the overtime conditions, and the consultation provisions. The Applicant subsequently indicated it was prepared to provide undertakings in response to each of these matters.

[4] However, s.190(4) of the Act indicates the Commission must not accept an undertaking unless it has sought the views of each person who is a bargaining representative for the Agreement. On 19 August 2014 the Commission convened a conference of the parties in response to its understanding that the Employer was not prepared to support the undertakings proposed by United Voice. The employer was represented by its accountant in that conference, however, he did not have sufficient instructions about the matter. The Commission subsequently made contact with Mr Philip Archadiacono, who is the Chief Executive of Rose Cleaning Services. He confirmed it is not prepared to support the undertakings proposed by United Voice. It is understood its reluctance is not related directly to the proposed undertakings, but relates instead to concerns the Government in the ACT may not continue in the future to provide reimbursement of the pay rates proposed in the Agreement, under the terms of the contract that Rose Cleaning Services has with the ACT Government to provide school cleaning services.

[5] This is an unfortunate situation. However, in expressing this view I am not implying any criticism of the Employer. However, at the same time I am not satisfied the Agreement should be approved without the undertakings, and in circumstances where the Employer is not prepared to support those undertakings I am not satisfied they can be accepted.

[6] The application is accordingly dismissed.

COMMISSIONER

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