Citifire Services Pty Ltd

[2014] FWCA 7165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Citifire Services Pty Ltd
(AG2014/7669)

CITIFIRE SERVICES PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 OCTOBER 2014

Application for approval of the Citifire Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Citifire Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Citifire Services Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 17 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citifire Services Pty Ltd, along with the CEPU Electrical Division, sought approval of their Enterprise Agreement 2013-2016 from the Fair Work Commission (FWC). The application was brought forth due to disagreements about certain provisions within the agreement that had not been resolved through conciliation and arbitration. The FWC was tasked with examining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues revolved around whether the disputed provisions complied with the Act and if the agreement could be approved as a whole despite these unresolved aspects. The FWC had to consider the balance between the rights of employers and employees, the nature of the unresolved issues, and the overall fairness and appropriateness of the agreement. Furthermore, the FWC was required to determine whether the unresolved issues were of such a nature that they would significantly impact the operation of the agreement.

The FWC concluded that while some provisions of the agreement were contentious, the unresolved issues did not render the entire agreement unfair or inappropriate. The FWC found that the agreement, despite these issues, met the necessary standards under the Act. The unresolved matters were considered to be specific and not pervasive enough to undermine the overall fairness of the agreement. Consequently, the FWC approved the Enterprise Agreement 2013-2016 with the condition that the unresolved issues be further negotiated and resolved within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established