United Voice

[2014] FWCA 6332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/8696)

MIRRORS CLEANING AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2013-2017 FOR ACT GOVERNMENT SCHOOLS

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 12 SEPTEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Mirrors Cleaning and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools (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 single-enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, United Voice sought approval of a collective agreement between itself and the ACT Government, covering cleaning and maintenance staff in ACT Government schools. The applicant argued the agreement provided for reasonable terms and conditions of employment and met the requirements of the Fair Work Act 2009. The ACT Government opposed the application, arguing the agreement was not reasonably capable of being the basis of an enterprise agreement.

The Commission was required to determine whether the agreement was reasonably capable of being the basis of an enterprise agreement and met the requirements of the Fair Work Act. The Commission found that the agreement contained terms that were reasonably necessary to protect the health and safety of employees and to protect employees from victimisation, and that it provided for reasonable terms and conditions of employment. The Commission also found that the agreement met the requirements of the Fair Work Act, including the requirement for the agreement to be in writing and to be approved by a majority of the employees.

Accordingly, the Commission approved the agreement. The agreement provides for a range of terms and conditions of employment, including minimum rates of pay, leave entitlements, and provisions for redundancy and termination of employment. The agreement also includes provisions for the protection of employees from victimisation and for the protection of the health and safety of employees. The approval of the agreement means that it will be the basis of an enterprise agreement between United Voice and the ACT Government, and will apply to cleaning and maintenance staff in ACT Government schools.

No further orders were made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established