United Voice Summary | CaseChat AU

[2014] FWCA 3489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/3998)

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

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 28 MAY 2014

Application for approval of the Dynuse 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 Dynuse 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 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 June 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 case involved an application for the approval of a collective agreement between Dynuse Cleaning Services and the United Voice Clean Start Union for the period 2013 to 2017, covering employees who provided cleaning services to ACT Government schools. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The central legal issue before the Commission was whether the proposed collective agreement adequately balanced the rights and obligations of the parties, ensuring fair and reasonable terms and conditions for the employees. This involved assessing whether the agreement complied with relevant legislative provisions, including those related to minimum entitlements, procedural fairness, and the ability of the parties to negotiate effectively. The Commission had to ensure that the agreement was not only in the best interests of the employees but also did not unfairly disadvantage the employer.

In making its decision, the Commission carefully reviewed the provisions of the proposed agreement, considering the submissions from both parties. The Commission found that the agreement contained terms that were fair and reasonable, providing for appropriate minimum entitlements and procedural fairness for the employees. It concluded that the agreement did not unduly disadvantage the employer and was in line with the legislative framework. Based on this analysis, the Commission approved the collective agreement, ensuring that it would provide a fair and balanced outcome for all parties involved.

The Commission's final order was to approve the Dynuse Cleaning Services and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools, effective from the date of the decision. This approval ensured that the terms and conditions set out in the agreement would govern the employment relationship between the parties for the specified period, subject to any modifications required by law.

United Voice

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established