Citadel Technology Solutions Pty Ltd

[2022] FWCA 2218

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Citadel Technology Solutions Pty Ltd

(AG2022/2066)

Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2022

Application for approval of the Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Citadel Technology Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with all of the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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

Subject to the undertaking 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 ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 4 July 2022 and, in accordance with s 54, will operate from 11 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citadel Technology Solutions Pty Ltd, an employer, and the Electrical Trades Union of Australia, an employee representative, were before the Fair Work Commission to seek approval of the Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute centred around whether the proposed enterprise agreement met the legal requirements under the Fair Work Act 2009 for fair and independent negotiation and if it contained permissible terms and conditions.

The primary legal issues addressed were whether the agreement was genuinely negotiated independently, free from any duress or coercion, and whether the terms contained within complied with the Fair Work Act. The court had to ensure that the agreement did not include any prohibited content and that it provided adequate protections and entitlements for employees.

The Fair Work Commission found that the agreement was indeed the product of genuine, independent, and fair negotiations, as evidenced by the submissions and documentation provided. The terms and conditions contained within the agreement were deemed to be fair, reasonable, and compliant with the Act. The Commission highlighted the importance of the negotiation process and the need for compliance with the statutory requirements, but ultimately found that the agreement met the necessary criteria for approval. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025, effective from the date of the decision. This decision provided certainty and clarity for both the employer and the employees regarding their rights and obligations under the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established