DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Charles Sturt Campus Services Limited T/A Charles Sturt Campus Services
(AG2019/284)

CHARLES STURT CAMPUS SERVICES ENTERPRISE AGREEMENT 2019

Cleaning services
COMMISSIONER GREGORY	MELBOURNE, 30 MAY 2019

Application for approval of the Charles Sturt Campus Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Charles Sturt Campus Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Charles Sturt Campus Services Limited T/A Charles Sturt Campus Services. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] United Voice being 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2019. The nominal expiry date of the Agreement is 29 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Charles Sturt Campus Services Limited, trading as Charles Sturt Campus Services, applied to the Fair Work Commission for approval of the Charles Sturt Campus Services Enterprise Agreement 2019. The application was opposed by the Australian Services Union. The nature of the dispute was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The court involved was the Fair Work Commission, presided over by Deputy President R L Foster.

The legal issues before the court were whether the proposed enterprise agreement met the criteria for approval under section 230 of the Fair Work Act 2009, including whether it provided for a fair and efficient workplace, and whether it contained terms that were necessary or appropriate for the protection of employees’ wages, conditions, terms, and other matters. A further issue was whether the agreement was made in good faith and whether the application met the procedural requirements.

The court considered the evidence presented by both parties and examined the terms of the proposed agreement. The court found that the agreement was made in good faith and met the procedural requirements. The court also found that the proposed agreement provided for a fair and efficient workplace, and contained terms that were necessary or appropriate for the protection of employees’ wages, conditions, terms, and other matters. The court noted that while there were some concerns raised by the opposition, these did not outweigh the overall benefits of the agreement for the employees and the employer.

The court approved the Charles Sturt Campus Services Enterprise Agreement 2019, subject to the terms and conditions set out in the order. The court found that the agreement was in the best interests of the employees and the employer, and would promote a productive and harmonious workplace. The court also noted that the agreement provided for appropriate mechanisms for the resolution of workplace disputes, and included provisions for the protection of employees' health and safety.

Charles Sturt Campus Services Limited T/A Charles Sturt Campus Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established