DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citifire Services Pty Ltd
(AG2017/5740)

CITIFIRE SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2018

Application for approval of the Citifire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] 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 2015-2018 (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.

[2] 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citifire Services Pty Ltd recently sought approval of their Enterprise Agreement with the Communications, Electrical and Plumbing Union Electrical Division Queensland (CEPU) for the years 2015 to 2018. The application was made before the Fair Work Commission, and the matter was heard by Commissioner D. A. Johnston. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The primary legal issue was whether the Enterprise Agreement complied with the provisions of the Fair Work Act, including the requirement for good faith bargaining and the avoidance of unprotected industrial action. The court had to assess the fairness of the agreement and whether it provided adequate protections and benefits to the employees. It was also necessary to determine if the agreement met the criteria for being a "better off overall" agreement as required by the legislation.

Commissioner Johnston examined the evidence provided by both parties and considered the broader context of the agreement. The commissioner concluded that the proposed agreement was fair and met the necessary statutory criteria. The agreement provided for fair wages and conditions, including provisions for overtime and penalty rates, as well as provisions for the resolution of disputes. The commissioner found that the agreement was in the best interests of the employees and did not encourage unprotected industrial action. Therefore, the application was approved.

The final orders of the commission included the approval of the Citifire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, which was to be registered and enforceable from the date of the decision. The commissioner also directed that the agreement be published and made available to the parties and their employees. This decision ensures that the agreement will operate as a lawful and effective enterprise agreement for the specified period.

Citifire 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