City Facilities Management (AUS) Pty Ltd

[2021] FWCA 5581

[2021] FWCA 5581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (AUS) Pty Ltd
(AG2021/6783)

CITY FACILITIES MANAGEMENT AND CIMS NATIONAL MAINTENANCE AND SERVICE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 SEPTEMBER 2021

Application for approval of the City Facilities Management and CIMS National Maintenance and Service Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the City Facilities Management and CIMS National Maintenance and Service Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Facilities Management (AUS) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that clause 6.1.2(d) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4.4(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 5 June 2025.

DEPUTY PRESIDENT

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Annexure A