City Facilities Management (Aus) Pty Ltd T/A City Facilities Management

[2019] FWCA 2210

[2019] FWCA 2210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (Aus) Pty Ltd T/A City Facilities Management
(AG2018/7071)

CITY FACILITIES MANAGEMENT (AUS) PTY LTD (ELECTRICAL/REFRIGERATION HVAC) AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 APRIL 2019

Application for approval of the City Facilities Management (AUS) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2019-2023.

[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 2019-2023 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 3 April 2019 and, in accordance with s.54, will operate from 10 April 2019. The nominal expiry date of the Agreement is 2 April 2023.

COMMISSIONER

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