DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CI Maintenance Services Pty Ltd
(AG2016/7804)

CI MAINTENANCE SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 3 APRIL 2017

Application for approval of the CI Maintenance Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the CI Maintenance Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CI Maintenance Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2017. The nominal expiry date of the Agreement is 2 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

CI Maintenance Services Pty Ltd recently applied to the Fair Work Commission for approval of the CI Maintenance Services Pty Ltd Enterprise Agreement 2016. The application arose out of a dispute regarding the terms and conditions of employment for the company's workers. The company sought to implement a new enterprise agreement that would replace the existing one, which was set to expire. The dispute centred on whether the new agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved determining whether the new enterprise agreement complied with the legislative provisions, including whether it was made in good faith, covered the appropriate bargaining unit, and included the necessary terms and conditions. Additionally, the Commission had to consider whether the agreement was likely to achieve a better outcome for the employees and the broader industrial relations environment. The Commission needed to assess the balance between the rights of the employer and the rights and protections afforded to the employees under the Act.

After considering the submissions from both parties, the Fair Work Commission approved the application. The Commission found that the new agreement was made in good faith, covered the appropriate bargaining unit, and contained the necessary terms and conditions as required by the Act. Furthermore, the Commission was satisfied that the agreement was likely to achieve a better outcome for the employees and the broader industrial relations environment. The Commission noted the efforts made by both parties in reaching a negotiated agreement and found that the agreement met the statutory requirements for approval. The Commission's decision was therefore to approve the application for the CI Maintenance Services Pty Ltd Enterprise Agreement 2016.

CI Maintenance Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established