IFM Services Pty Ltd

[2020] FWCA 5664

[2020] FWCA 5664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IFM Services Pty Ltd
(AG2020/2353)

IFM SERVICES RTIO PILBARA ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER JOHNS	SYDNEY, 28 OCTOBER 2020

Application for approval of the IFM Services RTIO Pilbara Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the IFM Services RTIO Pilbara Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). The application was made by IFM Services Pty Ltd on 5 August 2020. The Agreement is a single enterprise agreement.

[2] On 24 August 2020 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed a Form F18 – ‘Declaration of employee organisation in relation to an application for approval of an enterprise agreement. In the F18 the CEPU advised that it did not support the approval of the Agreement. The CEPU sole objection to the approval of the Agreement related to the eligibility of casuals to vote to approve the Agreement. In short if casuals who were ineligible to vote voted, the valid majority who voted in favour of the Agreement would necessarily be called into question. The Applicant was provided with an opportunity to respond.

[3] On 24 September 2020 the Applicant filed in the Fair Work Commission (Commission) and served on the CEPU a witness statement of Emma-Kate Tapsell. Ms Tapsell was responsible for coordinating the Applicant’s approach to the bargaining and voting for the Agreement. Ms Tapsell gave unchallenged evidence about the identification of casual employees who were eligible to vote. I accept that evidence. The CEPU did not require Ms Tapsell for cross-examination. Nor did it file any contrary evidence. In addition to the witness statement of Ms Tapsell the Applicant filed additional submissions on 24 September and 12 October 2020. I have had regard to all of those materials in coming to this decision. I am satisfied as to the veracity of the vote on the Agreement (1049 voted, 548 (52.2%) voted to approve the Agreement). To the extent that Ms Tapsell gave some evidence about discrepancies concerning the 277 casual employees who were eligible to vote, those matters are immaterial.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Both the CEPU and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, gave notice under s.183 of the Act that each union wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers both the CEPU and the TWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 27 October 2024.

COMMISSIONER

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Annexure A