DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City Facilities Management (QLD) Pty Ltd T/A City Facilities Management
(AG2018/7140)

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

Plumbing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 3 APRIL 2019

Application for approval of the City Facilities Management (QLD) 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 (QLD) 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 (QLD) 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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CaseChat Overview and Summary

City Facilities Management (QLD) Pty Ltd sought approval from the Fair Work Commission for a new enterprise agreement. The proposed agreement, the City Facilities Management (QLD) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2019 - 2023, was intended to govern the terms and conditions of employment for certain employees. The dispute centred around whether the agreement complied with the statutory requirements under the Fair Work Act 2009, particularly in relation to the bargaining process and the substantive terms of the agreement. The Commission was tasked with determining whether the agreement met the necessary standards and if it was in the best interests of the employees.

The central legal issues before the Commission were whether the agreement had been made in accordance with the relevant legislative provisions and whether it complied with the 'better off overall test' under the Fair Work Act. The Commission had to consider whether the agreement was genuinely negotiated between the employer and the employees' representatives, and if the terms were fair and reasonable. Additionally, the Commission had to assess if the agreement would provide employees with benefits that were at least as good as their previous conditions, thereby satisfying the 'better off overall test.'

In reaching its decision, the Commission carefully examined the bargaining process and the substantive terms of the agreement. It found that the agreement was indeed the product of genuine negotiations and that the process adhered to the statutory requirements. The Commission also concluded that the terms of the agreement were fair and reasonable, and that they met the 'better off overall test.' It determined that the proposed agreement provided employees with benefits that were at least as good as their previous conditions, thus satisfying the statutory requirements under the Fair Work Act.

Consequently, the Commission approved the City Facilities Management (QLD) Pty Ltd (Electrical/Refrigeration HVAC) Agreement 2019 - 2023, finding that it complied with the necessary legal standards and was in the best interests of the employees. The approval was based on the Commission's determination that the agreement was genuinely negotiated, met the 'better off overall test,' and provided employees with fair and reasonable terms of employment.

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