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austlii:cth/FWCA/2022/2218
procedural. The Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 - 2025 was approved on 4 July 2022 and will operate from 11 July 2022 with a nominal expiry date of 31 March 2025.
The Fair Work Commission approved an enterprise agreement for Citadel Technology Solutions Pty Ltd despite a procedural error where employees did not receive all voting instructions seven days before voting. The Commission found this was a minor error that did not disadvantage employees, following a previous decision in the Huntsman Chemical case. The employer also provided a written undertaking that was accepted as part of the agreement. The union (CEPU) that helped negotiate the agreement was also covered by it. The agreement will run from 11 July 2022 until 31 March 2025.
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1 cited instrument linked from this judgment.
s.185 - Enterprise agreement
CITADEL TECHNOLOGY SOLUTIONS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 - 2025
Application for approval of the Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 - 2025
[1] Citadel Technology Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Citadel Technology Solutions Pty Ltd & 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.
[2] While the application is generally in order, the employees were not provided with all of the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.
[3] 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.
[4] 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.
[5] 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.
[6] The Agreement was approved on 4 July 2022 and, in accordance with s 54, will operate from 11 July 2022. The nominal expiry date of the Agreement is 31 March 2025.
Printed by authority of the Commonwealth Government Printer
The Citadel Technology Solutions Pty Ltd & ETU Enterprise Agreement 2021 - 2025 was approved on 4 July 2022 and will operate from 11 July 2022 with a nominal expiry date of 31 March 2025.