DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citadel Group Services Australia Pty Ltd
(AG2019/4169)

CITADEL GROUP SERVICES AUSTRALIA AGREEMENT 2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 4 FEBRUARY 2020

Application for approval of the Citadel Group Services Australia Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Citadel Group Services Australia Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Citadel Group Services Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2020. The nominal expiry date of the Agreement is 3 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Citadel Group Services Australia Pty Ltd, the applicant sought approval for the Citadel Group Services Australia Agreement 2019, which was intended to regulate the terms and conditions of employment for its employees. The application was heard in the Fair Work Commission, where the Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Citadel Group Services Australia Agreement 2019 complied with the requirements set forth in the Fair Work Act. Specifically, the Commission needed to consider whether the agreement provided for the fair and efficient resolution of workplace disputes and whether it contained appropriate provisions for employee protection and representation. Additionally, the Commission had to assess whether the agreement was free from any provisions that would undermine the rights of employees or lead to adverse economic consequences.

In delivering its decision, the Commission carefully examined the contents of the proposed agreement. The Commission determined that the agreement met the necessary criteria for approval. It found that the agreement provided for the establishment of a fair and efficient dispute resolution process, included adequate provisions for employee protection and representation, and did not contain any terms that would undermine employee rights or lead to adverse economic consequences. Therefore, the Commission approved the Citadel Group Services Australia Agreement 2019, finding it to be in compliance with the statutory requirements under the Fair Work Act.

Citadel Group Services Australia 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