Citywide Service Solutions Pty Ltd T/A Citywide Service Solutions
[2025] FWCA 675
•21 FEBRUARY 2025
| [2025] FWCA 675 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Citywide Service Solutions Pty Ltd T/A Citywide Service Solutions
(AG2025/258)
CITYWIDE SERVICE SOLUTIONS ENTERPRISE AGREEMENT 2024
| Local government administration | |
| DEPUTY PRESIDENT O’NEILL | MELBOURNE, 21 FEBRUARY 2025 |
Application for approval of the Citywide Service Solutions Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Citywide Service Solutions Enterprise Agreement 2024 (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 Service Solutions. The Agreement is a single enterprise agreement.
The Notice of Representational Rights (NERR) distributed to employees is the pre-6 June 2023 reform version of the NERR. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.
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. The undertakings are taken to be a term of the agreement.
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.
The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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. The ASU supports approval of the Agreement.
I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):
· Clause 8.4.
However, noting clause 1.7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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