DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citywide Service Solutions Pty Ltd T/A Citywide
(AG2017/3931)

CITYWIDE SERVICE SOLUTIONS ENTERPRISE AGREEMENT 2016

Local government administration
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2017

Application for approval of the Citywide Service Solutions Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Citywide Service Solutions Enterprise Agreement 2016 (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 T/A Citywide. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) and the Australian Municipal, Administrative, Clerical and Services Union (ASU) being a bargaining representatives for the Agreement, have 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 organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2017. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Citywide Service Solutions Pty Ltd, trading as Citywide, the Fair Work Commission was asked to approve the Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for Citywide's employees and whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Act.

The central legal issues revolved around whether the agreement provided adequate protections and benefits for employees, including minimum wage rates, leave entitlements, and other conditions of employment. Additionally, the Commission had to assess if the agreement had been genuinely negotiated between the employer and the employees' representatives and if it met the criteria for approval under the Act. The Court had to ensure that the agreement did not disadvantage employees and provided fair and equitable terms.

After examining the evidence and submissions from both parties, the Commission found that the agreement contained provisions that met the requirements for approval. The agreement was deemed to provide fair and reasonable terms and conditions for the employees, including adequate wage rates and leave entitlements. The Commission was satisfied that the agreement had been genuinely negotiated and that it did not disadvantage the employees. Consequently, the Fair Work Commission approved the Citywide Service Solutions Enterprise Agreement 2016, subject to the terms and conditions outlined in the agreement.

Citywide Service Solutions Pty Ltd T/A Citywide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established