Citywide Service Solutions Pty Ltd Summary

[2013] FWCA 7824

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Citywide Service Solutions Pty Ltd
(AG2013/10643)

CITYWIDE SERVICE SOLUTIONS ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER WILSON	MELBOURNE, 9 OCTOBER 2013

Application for approval of the Citywide Service Solutions Employment Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Citywide Service Solutions Employment Agreement 2013 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Citywide Service Solutions Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union, and the Australian Manufacturing Workers Union (the Unions), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the Unions.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

Citywide Service Solutions Pty Ltd brought an application before the Fair Work Commission for approval of the Citywide Service Solutions Employment Agreement 2013. The application was made under section 233 of the Fair Work Act 2009, seeking to have the agreement registered as a registered agreement. The Australian Council of Trade Unions (ACTU) opposed the application, arguing that the agreement failed to meet the requirements for registration under the Fair Work Act. The legal issues that the Commission had to address included whether the agreement was a genuinely independent agreement, whether it was appropriately negotiated, and whether it met the other statutory requirements for registration.

In determining the application, the Commission examined the process by which the agreement was negotiated and concluded that it was genuinely independent and not the result of any undue influence or coercion. The Commission also found that the agreement was appropriately negotiated and contained provisions that were consistent with the objectives of the Fair Work Act. The Commission considered that the agreement met all the statutory requirements for registration, including the requirement that it provide for the full-time equivalent employee to be paid at least the national minimum wage and that it did not contain any provisions that were contrary to the Act. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment.

As a result of its findings, the Commission approved the Citywide Service Solutions Employment Agreement 2013 and ordered that it be registered as a registered agreement under section 175 of the Fair Work Act. The registration of the agreement means that it will have legal effect and will bind all employees who are covered by the agreement, as well as the employer. The approval of the agreement provides certainty and stability for both the employer and the employees, and ensures that the terms and conditions of employment are fair and reasonable.

Citywide Service Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established