DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2016/7468)

NSW GOVERNMENT CLEANING CONTRACTORS MULTI ENTERPRISE AGREEMENT 2016

Cleaning services
DEPUTY PRESIDENT DEAN	SYDNEY, 7 DECEMBER 2016

Application for approval of the NSW Government Cleaning Contractors Multi Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the NSW Government Cleaning Contractors Multi Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Voice. The Agreement is a multi-enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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 United Voice, New South Wales Branch and the Broken Hill Town Employees’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 18 August 2016 and, in accordance with s.54, will operate from 14 December 2016. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of United Voice, the Fair Work Commission was asked to approve the NSW Government Cleaning Contractors Multi Enterprise Agreement 2016. The dispute involved the applicants, United Voice, an Australian union, and the respondents, represented by the NSW Government. The central issue before the commission was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues included whether the agreement was genuinely bargained between the parties, whether it included all mandated terms, and whether it complied with the statutory provisions. The commission examined the negotiation process, the content of the agreement, and its adherence to the mandated terms and conditions. The commission also considered the fairness of the agreement, assessing if it provided adequate protections for employees and if it was consistent with the principles of industrial justice.

The commission found that the agreement was genuinely bargained and contained all the mandated terms. It concluded that the agreement was fair and reasonable, considering the bargaining positions of the parties and the economic circumstances. The commission approved the agreement, recognising the need for flexibility in the public sector cleaning industry while ensuring employee protections. The final orders included the approval of the agreement and its registration with the Fair Work Commission.

United Voice

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established