United Voice

[2014] FWCA 3195

The attached document replaces the document previously issued with the above code on 15 May 2014.

The title of the Agreement has been corrected to Salloum Cleaning Contractor and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools.

“The” has been removed from the start of paragraph [4].

Cassidy Vines

Associate to Commissioner Gregory

Dated 16 May 2014

[2014] FWCA 3195

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/3972)

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

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 15 MAY 2014

Application for approval of the Salloum Cleaning Contractor 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 Salloum Cleaning Contractor 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 22 May 2014. The nominal expiry date of the Agreement is 1 July 2017.

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

United Voice sought approval for the Salloum Cleaning Contractor and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools. The agreement was submitted to the Fair Work Commission for approval. The Fair Work Commission was required to determine whether the agreement should be approved under the Fair Work Act. The Commission had to consider the public interest and the extent to which the agreement would promote workplace harmony and productivity.

The primary legal issue was whether the agreement promoted workplace harmony and productivity and aligned with the public interest. The Commission considered whether the agreement would lead to better workplace relations and whether it was consistent with the objects of the Fair Work Act. The Commission also had to consider whether the agreement provided for adequate dispute resolution mechanisms and whether it adequately protected employees' rights.

The Fair Work Commission approved the agreement, finding that it promoted workplace harmony and productivity and aligned with the public interest. The Commission considered that the agreement provided for appropriate dispute resolution mechanisms and adequately protected employees' rights. The Commission also found that the agreement was consistent with the objects of the Fair Work Act and promoted better workplace relations. The Commission concluded that the agreement would benefit both the employees and the employer and was in the public interest.

The Fair Work Commission approved the Salloum Cleaning Contractor and United Voice Clean Start Union Collective Agreement 2013-2017 for ACT Government Schools. The Commission found that the agreement promoted workplace harmony and productivity and aligned with the public interest. The agreement was consistent with the objects of the Fair Work Act and provided for appropriate dispute resolution mechanisms. The Commission also found that the agreement adequately protected employees' rights and was in the best interests of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established