United Voice

[2014] FWCA 3180

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Voice
(AG2014/3996)

S & M CLEANING SERVICES 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 S & M 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 S & M 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 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

In the matter of United Voice, the Fair Work Commission (FWC) was asked to consider the approval of the S & M Cleaning Services and United Voice Clean Start Union Collective Agreement 2013 - 2017 for ACT Government Schools. The application was brought by United Voice Clean Start Union, a registered union, on behalf of its members employed by S & M Cleaning Services. The application was opposed by S & M Cleaning Services Pty Ltd. The dispute centred around whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009 (Cth) and if it should be approved for registration.

The primary legal issue before the Commission was whether the terms of the collective agreement were consistent with the provisions of the Fair Work Act and the principles of industrial fairness. In particular, the Commission had to determine if the agreement provided a fair and efficient workplace arrangement and if it met the minimum standards set by the Act, including provisions relating to pay, conditions, and dispute resolution mechanisms. The Commission also had to consider if the agreement complied with the statutory requirement of being a "better-off-overall-test" (BOOT) and if it was consistent with the national workplace relations system.

After considering the submissions from both parties, the Commission concluded that the agreement provided a fair and efficient workplace arrangement. The Commission found that the agreement met the minimum standards set out in the Fair Work Act and complied with the BOOT requirement. The Commission also noted that the agreement contained provisions that were consistent with the national workplace relations system, including provisions for dispute resolution and minimum pay rates. The Commission determined that the agreement was consistent with the principles of industrial fairness and approved the application for registration of the collective agreement.

As a result of the decision, the S & M Cleaning Services and United Voice Clean Start Union Collective Agreement 2013 - 2017 for ACT Government Schools was registered, and the terms of the agreement became legally binding on the parties. The decision provides clarity and certainty for the employees and employers covered by the agreement, ensuring that they are protected by a fair and efficient workplace arrangement. The decision also reinforces the importance of the national workplace relations system and the role of the Fair Work Commission in promoting and enforcing workplace rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established