Citifire Services Pty Ltd

[2024] FWCA 2849

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Citifire Services Pty Ltd

(AG2024/2798)

CITIFIRE SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2024

Application for approval of the Citifire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Citifire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Citifire Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citifire Services Pty Ltd, an employer in the electrical contracting industry, sought approval for its enterprise agreement with the Communications, Electrical and Plumbing Union (CEPU) Electrical Division Queensland. The application was made under section 231 of the Fair Work Act 2009, and the matter was heard by the Fair Work Commission. The dispute centred around the terms and conditions of employment, as outlined in the proposed enterprise agreement between the employer and the union representing the employees.

The legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act, including whether it provided for fair and equitable terms and conditions, and whether it was free from any unfair or discriminatory provisions. The Commission needed to ensure that the agreement was not detrimental to the employees' rights, and that it provided for appropriate mechanisms for resolving disputes and addressing workplace issues.

The Commission carefully reviewed the proposed agreement and considered the submissions from both parties. It noted the parties' commitment to maintaining good industrial relations and their efforts to reach a fair and reasonable agreement. The Commission found that the agreement provided for fair and equitable terms and conditions of employment, and that it did not contain any unfair or discriminatory provisions. The agreement also included appropriate mechanisms for resolving disputes and addressing workplace issues. As a result, the Commission approved the enterprise agreement, which will now be binding on the parties for the specified period.

The final orders of the Commission were that the Citifire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 be approved as a registered agreement under section 231 of the Fair Work Act 2009. The agreement will now be in effect for the period from 1 April 2023 to 31 March 2026, and will govern the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established