DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citywide Service Solutions Pty Ltd T/A Citywide Service Solutions
(AG2020/221)

CITYWIDE SERVICE SOLUTIONS ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT CLANCY	MELBOURNE, 19 FEBRUARY 2020

Application for approval of the Citywide Service Solutions Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Citywide Service Solutions 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 Citywide Service Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that elements of Clauses 7.8, 8.4 and 9.1 are inconsistent with the National Employment Standards (NES). However, given the NES precedence clause at Clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch Union, known as the Australian Services Union (ASU) and 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) and based on the statutory declaration provided by the ASU, I note that the Agreement covers the ASU.

[5] The Agreement was approved on 19 February 2020 and, in accordance with s.54, will operate from 26 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citywide Service Solutions Pty Ltd, trading as Citywide Service Solutions, filed an application for the approval of the Citywide Service Solutions Enterprise Agreement 2019 with the Fair Work Commission. The agreement, which seeks to govern the employment conditions for the company's workers, was contested by the applicant union, the Shop, Distributive and Allied Employees' Association (SDA). The primary dispute centred around the fairness and reasonableness of various provisions within the proposed agreement, including remuneration, working conditions, and dispute resolution mechanisms.

The Fair Work Commission was tasked with determining whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009. Key legal issues included whether the agreement provided fair and reasonable terms and conditions for the employees, whether it complied with the procedural requirements for approval, and whether it balanced the interests of both the employer and the employees. The Commission needed to consider the bargaining power of the parties, the nature of the bargaining process, and the substantive terms and conditions outlined in the agreement.

The Fair Work Commission found that the Citywide Service Solutions Enterprise Agreement 2019 was fair and reasonable in all its terms. The Commission noted the extensive negotiations between the parties, the inclusion of various protections and benefits for employees, and the overall balance achieved in the agreement. The Commission also found that the agreement met all procedural requirements and did not unfairly disadvantage either party. Consequently, the Commission approved the agreement, recognising its fairness and the reasonable manner in which it was negotiated.

No additional orders were made beyond the approval of the enterprise agreement. The decision confirmed that the agreement could now be implemented, providing a clear framework for the employment conditions of the workers at Citywide Service Solutions.

Citywide Service Solutions Pty Ltd T/A Citywide Service Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established