United Voice

[2014] FWCA 4286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/5098)

FRED’S EXPRESS CLEANING SERVICES AND UNITED VOICE CLEAN START UNION COLLECTIVE AGREEMENT 2013-2017 FOR ACT GOVERNMENT SCHOOLS

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 27 JUNE 2014

Application for approval of the Fred’s Express Cleaning Services 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 Fred’s Express Cleaning Services 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 of the Act 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 4 July 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

The applicants in this case were United Voice, a union, and Fred’s Express Cleaning Services, an employer, who sought approval of a collective agreement between them. The agreement covered cleaning services provided to ACT Government schools. The application was heard by the Fair Work Commission, which has jurisdiction over such matters. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the agreement's coverage, bargaining scope, and compliance with the ‘better off overall test’ (BOOT).

The key legal issues for the Commission to decide were whether the agreement was made in good faith, whether it provided for a fair and efficient workplace, and whether it complied with the statutory requirements. The Commission also had to assess if the agreement was consistent with the national workplace relations system and whether it met the BOOT. Given the sensitive nature of the work involved and the public interest, the Commission needed to ensure that the agreement did not undermine industrial relations protections or the public interest.

The Fair Work Commission approved the agreement, finding that it was made in good faith and provided for a fair and efficient workplace. The Commission was satisfied that the agreement met all statutory requirements, including the BOOT, and was consistent with the national workplace relations system. The Commission considered the need to balance the interests of the employees, the employer, and the public interest, and found that the agreement achieved this balance. The Commission also noted the importance of maintaining good industrial relations practices in the provision of essential services to the public.

The Commission approved the collective agreement, subject to certain conditions, to ensure compliance with the Fair Work Act 2009 and to protect the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established