United Workers' Union Summary

[2021] FWCA 5895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers' Union
(AG2021/6981)

SPRINGMOUNT SERVICES AND UNITED WORKERS UNION GREENFIELDS ENTERPRISE AGREEMENT 2021

Cleaning services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2021

Application for approval of the Springmount Services and United Workers Union Greenfields Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the Springmount Services and United Workers Union Greenfields Enterprise Agreement 2021 (the Agreement). The application was made by United Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 13.5.4 - Casual conversion to part-time and full-time employment.

• Clause 40.1.3 - Resignation by an employee.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with United Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 15 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the United Workers' Union and Springmount Services, seeking approval of their proposed Enterprise Agreement for the Greenfields Enterprise. The dispute centred on the fairness and compliance of the proposed agreement with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, including provisions for minimum wages and conditions, and whether the agreement had been fairly negotiated. The Commission had to determine if the agreement provided for procedural fairness in its negotiation and if it contained all the required minimum terms and conditions.

In considering the application, the Commission examined the evidence provided by both parties regarding the negotiation process and the terms of the agreement. The Commission noted the union's and employer's submissions and the evidence provided, including witness testimonies and documentary evidence. Ultimately, the Commission found that the agreement was procedurally fair and contained all the required minimum terms and conditions. The Commission approved the Enterprise Agreement, noting its compliance with the statutory requirements and its fairness in balancing the interests of both the employer and the employees.

The Fair Work Commission approved the Springmount Services and United Workers Union Greenfields Enterprise Agreement 2021, effective from the date of the decision. The approval was based on the findings that the agreement was fairly negotiated and contained all the required minimum terms and conditions, as stipulated by the Fair Work Act 2009. The decision is final and binding on both parties.

United Workers' Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established