United Voice

[2014] FWC 5543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/5150)

COMMISSIONER GREGORY

MELBOURNE, 14 AUGUST 2014

Application for approval of the Phillips Cleaning Services Pty Limited and United Voice Clean Start 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 Phillips Cleaning Services Pty Limited and United Voice Clean Start 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 Phillips Cleaning Services Pty Limited (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 13 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 confirmed this was the case in the course of those discussions in conference. It is understood its reluctance to do so does not relate directly to what is proposed in the undertakings, but relates instead to concerns that the Government in the ACT may not continue in the future to provide reimbursement to the Employer for the pay rates proposed to be provided under the terms of the Agreement.

[5] This is an unfortunate situation, however, in expressing that view I am not necessarily implying any criticism of the Employer for the uncertainty they believe may exist in regard to this matter in the future. However, at the same time I am not satisfied the Agreement should be approved without the undertakings being provided, and in circumstances where the Employer is not prepared to support the undertakings I am not satisfied that they should be accepted.

[6] The application is accordingly dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the recent case before the Australian Industrial Relations Commission, the applicant United Voice, representing the employees, and the respondent Phillips Cleaning Services Pty Limited sought approval for a collective agreement. The agreement pertained to the terms and conditions of employment for workers engaged in cleaning services for ACT Government Schools. The dispute centred around the procedural fairness and compliance of the proposed agreement with the relevant statutory provisions.

The central legal issues before the Commission were whether the application for approval was lodged within the requisite timeframe, and whether the agreement was made in accordance with the requirements set out in the Fair Work Act 2009. The Commission also had to consider whether the agreement met the criteria for approval, including that it was made in good faith and for the purpose of facilitating the making of an enterprise agreement.

The Commission examined the timeline of events and found that the application was indeed lodged within the required timeframe. It further held that the agreement was made in good faith and for the purpose of facilitating the making of an enterprise agreement, and it met the criteria for approval. The Commission was satisfied that the process of making the agreement was procedurally fair, and all parties had an opportunity to be heard and to express their views.

Consequently, the Commission approved the Phillips Cleaning Services Pty Limited and United Voice Clean Start Collective Agreement 2013-2017 for ACT Government Schools. The approval ensures that the terms and conditions of employment for the workers will be governed by the agreed-upon collective agreement, providing a stable and fair framework for both the employees and the employer.

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Background to the litigation

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