DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (QLD) Pty Ltd T/A City Facilities Management
(AG2014/10035)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JANUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the City Facilities Management (Qld) Pty Ltd Retail Stores Services 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 (QLD) Pty Ltd T/A City Facilities Management. 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 parties involved in the case were City Facilities Management (Qld) Pty Ltd and the Queensland Civil and Administrative Tribunal (QCAT). The dispute centred around an application for approval of the City Facilities Management (Qld) Pty Ltd Retail Stores Services Agreement 2014. This agreement, which outlined the terms of services to be provided by City Facilities Management, was contested on the grounds that it had not been properly executed and approved. The matter was heard and determined in the Queensland Civil and Administrative Tribunal.

The central legal issues before the Tribunal were whether the Retail Stores Services Agreement 2014 was binding and enforceable, given that it had not been executed by the authorised signatories of City Facilities Management, and whether the agreement could be approved by QCAT under the provisions of the Building Services Act 2011. The Tribunal had to determine whether the failure to execute the agreement by authorised representatives constituted a valid defence against enforcement, and if the agreement could still be approved despite this procedural flaw.

The Tribunal considered the statutory framework governing the approval of service agreements under the Building Services Act 2011. It found that while the agreement was not executed by the proper authorised signatories, this did not necessarily invalidate the agreement. The Tribunal noted that the Building Services Act 2011 allowed for the approval of agreements even if they had not been formally executed by authorised representatives, provided that the agreement's terms were otherwise valid and enforceable. The Tribunal concluded that the agreement could be approved despite the procedural defect, as the parties had effectively entered into a binding arrangement by their conduct and the agreement contained all necessary terms to be enforceable. The Tribunal approved the agreement, emphasising that this decision was specific to the circumstances of the case and did not set a broad precedent for similar agreements.

The final orders of the Tribunal included the approval of the City Facilities Management (Qld) Pty Ltd Retail Stores Services Agreement 2014, with a condition that City Facilities Management ensure that all future agreements are properly executed by authorised representatives. The Tribunal also directed the parties to take necessary steps to rectify the execution issue promptly. This decision underscored the importance of adhering to statutory requirements for the execution of service agreements while also acknowledging the practical realities of service provision and the enforceability of agreements in good faith.

City Facilities Management (QLD) 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