United Voice

[2014] FWCA 3490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/4060)

CELESKI 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 Celeski 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 Celeski 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 application was brought by United Voice, a union representing workers in various sectors, seeking approval of the Celeski Cleaning Services and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools. The application was opposed by the Australian Education Union (ACT) and the ACT Government. The dispute centred around the terms and conditions of employment for cleaning staff in ACT government schools, specifically those employed by Celeski Cleaning Services, and whether the proposed collective agreement was fair and reasonable.

The court had to determine whether the collective agreement was consistent with the Fair Work Act 2009 and whether it met the requirements for approval under the Act. The legal issues included whether the agreement provided for a fair and efficient workplace, whether it contained appropriate dispute resolution mechanisms, and whether it complied with the provisions of the Act. The court also considered the implications of the agreement for the employees, the employer, and the broader community.

The court found that the agreement was fair and reasonable, and it met the requirements for approval under the Fair Work Act. The agreement provided for a fair and efficient workplace, contained appropriate dispute resolution mechanisms, and complied with the provisions of the Act. The court also considered the implications of the agreement for the employees, the employer, and the broader community, and found that the agreement was in the best interests of all parties. The court approved the Celeski Cleaning Services and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools.

The court ordered that the Celeski Cleaning Services and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools be approved, and that it be registered with the Fair Work Commission. The court also ordered that the agreement be binding on all parties from the date of registration. The court noted that the agreement was a significant achievement for the union and the employees, and it hoped that it would lead to improved working conditions for cleaning staff in ACT government schools.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established