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
(AG2019/4761)

CITY FACILITIES MANAGEMENT (QLD) MAINTENANCE AND SERVICE 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 (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) Maintenance and Service 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 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 applicant, City Integrated Maintenance Services (Qld) Pty Ltd, trading as City Integrated Maintenance Services (Qld) Pty Ltd, applied to the Fair Work Commission for an order concerning instruments that would cover a new employer and non-transferring employees. The respondent, a group of employees represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The matter was heard by the Fair Work Commission, which was required to determine whether the instruments should be extended to cover the new employer and non-transferring employees.

The legal issues before the Commission involved the interpretation and application of the relevant provisions of the Fair Work Act 2009. The applicant argued that the instruments should be extended to cover the new employer and non-transferring employees, as they were successors in business to the previous employer. The respondent contended that the instruments should not be extended, as the new employer was not a successor in business and the non-transferring employees were not covered by the instruments.

The Fair Work Commission considered the evidence and submissions presented by both parties. The Commission found that the new employer was not a successor in business to the previous employer, as there was no continuity of business or ownership. Additionally, the Commission found that the non-transferring employees were not covered by the instruments, as they were not employees of the previous employer at the time the instruments were made. The Commission concluded that the instruments should not be extended to cover the new employer and non-transferring employees.

Accordingly, the Fair Work Commission dismissed the application. The Commission made an order that the instruments would not be extended to cover the new employer and non-transferring employees. The Commission also made an order that the applicant pay the respondent's costs of and incidental to the application.

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