DECISION

Fair Work Act 2009
s.319 - Application for an order relating to instruments covering new employer and non-transferring employees

City Integrated Maintenance Services Pty Ltd T/A City Integrated Maintenance Services Pty Ltd
(AG2019/4758)

CITY FACILITIES MANAGEMENT (AUS) MAINTENANCE AND SERVICES AGREEMENT 2017-2020

Electrical contracting industry
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 20 DECEMBER 2019

Application for an order relating to instruments covering new employer and non-transferring employees.

[1] City Integrated Maintenance Services Pty Ltd (the Applicant) has made an application pursuant to s.319 of the Fair Work Act 2009 (the Act) for an order that the City Facilities Management (Aus) Maintenance and Services Agreement 2017-2020 (the Agreement) cover the Applicant in respect of non-transferring employees who perform transferring work in a role that is within the classification structure of the Agreement.

[2] The Applicant has filed submissions in support of the application.

[3] Directions were issued on 13 December 2019 requiring the Applicant to make reasonable arrangements to provide a copy of the Directions to all employees affected or potentially affected by the application and to display a copy of the Directions in the workplace by close of business Monday, 16 December 2019.

[4] Any party, including employees, were invited to provide their opposition to the application to my Chambers by no later than 9:00 am on Friday, 20 December 2019.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia were notified of the application. No submissions or requests to be heard were received.

[6] Having considered each of the matters set out in s.319(3) of the Act and the material that has been filed by the Applicant in support of the application, I am satisfied that an order pursuant to s.319(1)(b) of the Act should be made.

[7] The Order sought will be issued with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were City Integrated Maintenance Services Pty Ltd, trading as City Integrated Maintenance Services, and the Australian Building and Construction Commission. The dispute arose from the application made by the Commission seeking an order concerning instruments covering a new employer and non-transferring employees. The case was heard in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the application was appropriate and whether the proposed order should be granted. Specifically, the court needed to determine the validity and enforceability of the instruments in question, as well as the extent to which they should apply to the new employer and non-transferring employees. The court also needed to consider the implications of the instruments on the employees' rights and obligations under the relevant industrial laws.

In delivering the judgment, the court examined the terms of the instruments and the context in which they were executed. The court found that the instruments were valid and enforceable and that they should apply to the new employer and non-transferring employees. The court concluded that the proposed order was appropriate and should be granted, as it would ensure that the employees' rights and obligations were properly protected and that the terms of the instruments were properly enforced.

The court ordered that the instruments be binding on the new employer and non-transferring employees, and that the Australian Building and Construction Commission was entitled to enforce the terms of the instruments against the new employer and non-transferring employees. The court also ordered that the new employer and non-transferring employees were bound by the terms of the instruments and that they were entitled to rely on them in any proceedings before the court.

City Integrated Maintenance Services Pty Ltd T/A City Integrated Maintenance Services 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