DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (Aus) Pty Ltd
(AG2014/9108)

CITY FACILITIES MANAGEMENT (AUS) PTY LTD (ELECTRICAL/REFRIGERATION HVAC) AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 DECEMBER 2014

Application for approval of the City Facilities Management (AUS) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the City Facilities Management (AUS) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2014-2018 (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 T/A City Facilities Management. 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 Agreement was approved on 16 December 2014 and, in accordance with s.54, will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved City Facilities Management (Aus) Pty Ltd, which sought approval for an enterprise agreement. This agreement, known as the City Facilities Management (AUS) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2014-2018, sought to establish terms and conditions for employees in the electrical and refrigeration heating, ventilation, and air conditioning sectors. The application was made under the Fair Work Act 2009, which governs the approval of enterprise agreements in Australia.

The legal issues before the court centred on whether the proposed agreement met the criteria for approval as stipulated by the Fair Work Act. Specifically, the court had to determine if the agreement was in the best interests of the employees, if it complied with the provisions of the Act, and if it provided for a fair and efficient system of determining wages and other conditions of employment. Additionally, the court examined if the agreement had been made in good faith and if it was free from any prohibited content.

The Fair Work Commission found that the agreement was in the best interests of the employees and complied with the legislative requirements. The Commission considered the process by which the agreement was made, the negotiation history, and the content of the agreement. The Commission was satisfied that the agreement provided for a fair and efficient system of determining wages and other conditions of employment and that it was free from any prohibited content. The Commission also noted that the agreement had been made in good faith, with appropriate consultation and negotiation between the parties.

Consequently, the Fair Work Commission approved the City Facilities Management (AUS) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2014-2018. This decision allowed the agreement to take effect, binding both the employer and the employees to the terms and conditions outlined within it, for the duration of the agreement.

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