DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (QLD) Pty Ltd
(AG2018/896)

CITY FACILITIES MANAGEMENT (QLD) MAINTENANCE AND SERVICE AGREEMENT 2017-2020

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JUNE 2018

Application for approval of the City Facilities Management (QLD) Maintenance and Service Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the City Facilities Management (QLD) Maintenance and Service Agreement 2017-2020 (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 (QLD) 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, 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 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 is approved and, in accordance with s.54 of the Act, will operate from 13 June 2018. The nominal expiry date of the Agreement is 5 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

City Facilities Management (QLD) Pty Ltd applied to the Queensland Civil and Administrative Tribunal for approval of the City Facilities Management (QLD) Maintenance and Service Agreement 2017-2020. The application was made pursuant to section 208 of the Building Services Act 2011. The City of Brisbane opposed the application, arguing that the proposed agreement did not meet the statutory criteria for approval. The court was required to determine whether the agreement complied with the statutory requirements and, if so, whether the City's concerns were sufficient to warrant refusal of approval.

The court considered the statutory criteria for approval of maintenance and service agreements under the Building Services Act 2011. It found that the proposed agreement complied with the relevant provisions, including the requirement for the agreement to be in writing and to specify the services to be provided, the terms of the agreement, and the parties involved. The court also considered the City's concerns, including the potential impact on competition and the adequacy of the proposed pricing structure. However, the court found that these concerns did not warrant refusal of approval, as the agreement was consistent with the statutory requirements and the City had not provided sufficient evidence to demonstrate that the agreement would have an adverse impact on competition or result in overpricing.

The court approved the City Facilities Management (QLD) Maintenance and Service Agreement 2017-2020, finding that it complied with the statutory requirements and that the City's concerns did not warrant refusal of approval. The court noted that the agreement provided for a clear and transparent process for the provision of maintenance and service, and that the terms were fair and reasonable. The City of Brisbane's application for refusal of approval was dismissed, and the agreement was approved as sought by City Facilities Management (QLD) Pty Ltd.

City Facilities Management (QLD) 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