City Facilities Management (Aus) Pty Ltd
[2022] FWCA 2701
•11 AUGUST 2022
| [2022] FWCA 2701 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
City Facilities Management (Aus) Pty Ltd
(AG2022/3050)
City Facilities Management and CIMS National Building Works and Plumbing Agreement 2022
| Plumbing industry | |
| COMMISSIONER MIRABELLA | MELBOURNE, 11 AUGUST 2022 |
Application for approval of the City Facilities Management and CIMS National Building Works and Plumbing Agreement 2022.
City Facilities Management (Aus) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the City Facilities Management and CIMS National Building Works and Plumbing Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
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.
Subject to the undertakings 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 sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.4(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.
The Agreement was approved on 11 August 2022 and, in accordance with s.54, will operate from 18 August 2022. The nominal expiry date of the Agreement is 11 August 2026.
COMMISSIONER
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Annexure A
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