Charles Sturt Campus Services Limited Summary

[2024] FWCA 3960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Charles Sturt Campus Services Limited

(AG2024/4014)

CHARLES STURT CAMPUS SERVICES ENTERPRISE AGREEMENT 2024

Cleaning services
COMMISSIONER CRAWFORD	SYDNEY, 13 NOVEMBER 2024

Application for approval of the Charles Sturt Campus Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Charles Sturt Campus Services Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Charles Sturt Campus Services Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 6.5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This provision is likely to have work to do in relation to the abandonment of employment clause which appears inferior to the notice of termination entitlements in the NES.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 13 November 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Charles Sturt Campus Services Limited recently faced a decision in the Fair Work Commission regarding the approval of the Charles Sturt Campus Services Enterprise Agreement 2024. The dispute involved the employer and the Australian Services Union, representing the employees. The matter was brought before the Commission to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the appropriate processes for the resolution of employee disputes, including provisions for the handling of grievances and misconduct, and whether the agreement's terms were consistent with the principles of enterprise bargaining as outlined in the Fair Work Act. Additionally, the Commission had to consider whether the agreement provided adequate protection for employees' entitlements and conditions of employment, ensuring that it did not disadvantage employees in comparison to the relevant award.

In reaching its decision, the Commission found that the agreement met the necessary statutory requirements. The Commission was satisfied that the dispute resolution processes outlined in the agreement were adequate and aligned with the principles of enterprise bargaining. The Commission also noted that the agreement provided sufficient protections for employees, including provisions for handling grievances and misconduct, and that it did not disadvantage employees relative to the relevant award. Therefore, the Commission approved the Charles Sturt Campus Services Enterprise Agreement 2024. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act 2009.

Charles Sturt Campus Services Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established