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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

City Facilities Management (Aus) Pty Ltd, trading as City Facilities Management, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute centred on the terms and conditions of employment for workers within the Electrical, Refrigeration, and HVAC sectors under the proposed agreement for the period 2019-2023. The Fair Work Commission heard the matter and was required to determine whether the agreement met the necessary standards and requirements for approval.

The primary legal issue was whether the proposed agreement satisfied the criteria set out in the Fair Work Act 2009. This included assessing whether the agreement provided for the terms and conditions of employment, was free from prohibited content, and had been genuinely negotiated. The Commission needed to examine the agreement's provisions and the process through which it was negotiated to determine its validity.

The Fair Work Commission found that the agreement contained some provisions that did not comply with the Act. Specifically, certain terms regarding shift penalties and rostered days off were deemed to be inconsistent with the requirements of the Act. Despite these issues, the Commission concluded that the overall agreement was genuinely negotiated and provided for the terms and conditions of employment. Consequently, the Commission approved the agreement with some modifications to ensure compliance with the Fair Work Act 2009.

The Fair Work Commission ordered that the City Facilities Management (AUS) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2019-2023 be approved with modifications to the provisions concerning shift penalties and rostered days off. These changes were made to align the agreement with the requirements of the Act, ensuring that the agreement was fair and appropriate for the workers involved. The decision confirmed the importance of adhering to legislative standards while also recognising the need for practical and workable agreements in the workplace.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established