CI Maintenance Services Pty Ltd T/A CI Maintenance Services Pty Ltd

[2022] FWCA 598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

CI Maintenance Services Pty Ltd T/A CI Maintenance Services Pty Ltd

(AG2021/9372)

CI Maintenance Services Pty Ltd Enterprise Agreement 2021

Cleaning services
COMMISSIONER MIRABELLA	MELBOURNE, 1 March 2022

Application for approval of the CI Maintenance Services Pty Ltd Enterprise Agreement 2021.

CI Maintenance Services Pty Ltd T/A CI Maintenance Services Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the CI Maintenance Services Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Union of Christmas Island Workers, 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 1 March 2022 and, in accordance with s. 54, will operate from 8 March 2022. The nominal expiry date of the Agreement is 30 August 2024.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application for the approval of the CI Maintenance Services Pty Ltd Enterprise Agreement 2021. The applicant, CI Maintenance Services Pty Ltd, sought approval of the agreement which outlined the terms and conditions of employment for their employees. The dispute arose when certain parties contested the fairness and compliance of the proposed agreement with the relevant industrial and legislative frameworks.

The central legal issue before the FWC was whether the proposed enterprise agreement met the necessary standards of fairness and compliance as required under the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement provided for terms and conditions that were not less favourable than the relevant award or safety net award, and whether it adhered to the procedural requirements for making and approving enterprise agreements. Additionally, the FWC needed to ensure that the agreement was genuinely negotiated between the parties and that it included provisions for genuine consultation and bargaining.

In its reasoning, the FWC examined the content of the proposed agreement, focusing on its provisions and their alignment with the relevant awards and safety net provisions. The FWC assessed the negotiation process and determined that the agreement was indeed the result of genuine negotiations between the parties. It found that the terms and conditions of the agreement were not less favourable than those provided by the relevant awards, and that the agreement contained all the mandatory provisions required by law. Having satisfied itself on these points, the FWC approved the application and accepted the agreement as meeting the necessary standards for fairness and compliance.

The final order of the FWC was the approval of the CI Maintenance Services Pty Ltd Enterprise Agreement 2021, which now forms the terms and conditions of employment for the employees of CI Maintenance Services Pty Ltd. The agreement will be applicable from the date of the FWC's decision and will replace any previous agreements or awards that were in effect.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established