Citywide Utilities Pty Ltd

[2022] FWCA 1058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Citywide Utilities Pty Ltd

(AG2022/703)

Gordon McKay and ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2022

Application for approval of the Gordon McKay and ETU Enterprise Agreement 2021 – 2025

Citywide Utilities Pty Ltd has made an application for approval of an enterprise agreement known as the Gordon McKay and ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 25 March 2022 and, in accordance with s 54, will operate from 1 April 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Citywide Utilities Pty Ltd sought approval of the Gordon McKay and ETU Enterprise Agreement 2021–2025. The dispute centred on whether the proposed agreement adequately addressed the rights and obligations of employees and the company, in compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with assessing whether the agreement met the legal requirements for approval, including ensuring it did not adversely affect employees' job security, and that it was fairly negotiated.

The primary legal issues involved whether the agreement appropriately balanced the interests of both parties and whether it complied with the Fair Work Act. The Commission had to determine if the agreement adequately protected employees' terms and conditions, including wages, hours of work, and other employment standards. Furthermore, it needed to confirm that the agreement was genuinely negotiated between the parties and did not contain any unfair provisions that would disadvantage employees.

The Commission found that the Gordon McKay and ETU Enterprise Agreement 2021–2025 was fairly negotiated and met the legal requirements for approval. It concluded that the agreement provided adequate protections for employees and did not unfavourably impact their job security. The Commission also noted that the agreement contained provisions that ensured compliance with relevant employment standards and protected the interests of both Citywide Utilities Pty Ltd and its employees. As such, the Fair Work Commission approved the agreement, confirming its compliance with the Fair Work Act.

The Commission's final order was to approve the Gordon McKay and ETU Enterprise Agreement 2021–2025, subject to the terms and conditions outlined in the agreement. This approval ensures that the agreement will govern the employment relationship between Citywide Utilities Pty Ltd and its employees for the specified period, provided both parties adhere to the agreed terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established