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 (Qld) Pty Ltd T/A City Integrated Maintenance Services (Qld) Pty Ltd
(AG2019/4760)

CITY FACILITIES MANAGEMENT (QLD) PTY LTD FACILITIES MAINTENANCE SERVICES AGREEMENT 2018-2022

Plumbing 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 (Qld) 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 (Qld) Pty Ltd Facilities Maintenance Services Agreement 2018-2022 (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 is covered by the agreement. No party sought to be heard nor were any submissions received opposing the application.

[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 case of City Integrated Maintenance Services (Qld) Pty Ltd T/A City Integrated Maintenance Services (Qld) Pty Ltd involved the Fair Work Commission, where the applicant sought an order regarding instruments affecting a new employer and employees who did not transfer. The applicant, City Integrated Maintenance Services, was contesting provisions in enterprise agreements that applied to employees who were transferred to a new employer, while also considering the implications for non-transferring employees.

The legal issues before the Commission centred on the interpretation and application of the enterprise agreements in light of the transfer of business provisions. The primary question was whether the agreements properly defined the scope of their application to the new employer and the rights and obligations of the non-transferring employees. The applicant argued that certain clauses were ambiguous and could be interpreted in a way that unjustifiably limited their operational flexibility and financial viability.

In its decision, the Fair Work Commission carefully examined the language of the agreements and the legislative framework governing transfer of business provisions. The Commission found that the agreements, while intending to cover the new employer and their employees, did not clearly or fairly address the interests of non-transferring employees. As such, the Commission made an order modifying the agreements to ensure clarity and fairness in the application of the terms to both the new employer and the non-transferring employees. The modifications aimed to protect the rights of the non-transferring employees while allowing the new employer to operate within a reasonable framework.

City Integrated Maintenance Services (Qld) Pty Ltd T/A City Integrated Maintenance Services (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