DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (Aus) Pty Ltd
(AG2014/10052)

CITY FACILITIES MANAGEMENT (AUS) PTY LTD RETAIL STORES SERVICES AGREEMENT 2014

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JANUARY 2015

Application for approval of the City Facilities Management (Aus) Pty Ltd Retail Stores Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the City Facilities Management (Aus) Pty Ltd Retail Stores Agreement 2014 (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 Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 28 January 2015 and, in accordance with s.54, will operate from 4 February 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the City Facilities Management (Aus) Pty Ltd Retail Stores Agreement 2014. The application was brought before the Fair Work Commission by the employer, City Facilities Management (Aus) Pty Ltd, seeking the Commission’s endorsement of an enterprise agreement that was negotiated with a trade union representing the employees. The employees, who were covered by the proposed agreement, were not directly represented in the proceedings, but their interests were considered in the context of the application.

The primary legal issues before the Commission included whether the agreement met the statutory requirements for being a lawful and appropriate enterprise agreement under the Fair Work Act 2009, and whether the process by which the agreement was negotiated was fair and in compliance with the relevant provisions of the Act. This involved assessing the agreement's compliance with the "better off overall test," which ensures that employees are not disadvantaged by the terms of the agreement compared to their previous conditions.

The Commission determined that the application satisfied the necessary legal criteria. It found that the agreement was appropriately negotiated and met all requirements for approval, including the better off overall test. The Commission also noted that the process adhered to the principles of procedural fairness and that the agreement provided for a fair and reasonable set of terms for the employees. Consequently, the Commission approved the City Facilities Management (Aus) Pty Ltd Retail Stores Agreement 2014. The decision was based on the comprehensive evidence presented, which demonstrated that the agreement was beneficial to the employees and in line with legislative standards.

City Facilities Management (Aus) 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