Citywide Service Solutions Pty Ltd T/A Citywide Service Solutions Summary

[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

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Citywide Service Solutions Pty Ltd, trading as Citywide Service Solutions, and the relevant employees, who were members of the Shop, Distributive and Allied Employees' Association. The dispute centred on the application for the approval of the Citywide Service Solutions Enterprise Agreement 2024. The Commission was tasked with assessing whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the payment of the appropriate minimum rates of pay and other conditions as mandated by the relevant awards, and whether the agreement complied with the procedural fairness requirements under the Fair Work Act. The Commission had to consider the terms and conditions outlined in the proposed agreement and ensure that they met the statutory obligations and did not unfairly disadvantage any party.

The Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to provide for the payment of minimum rates of pay and other conditions in accordance with the relevant awards. Additionally, the procedural fairness requirements were satisfied, as the bargaining process was conducted appropriately and the agreement was made in good faith. The Commission concluded that the agreement was fair and could be approved under the Fair Work Act.

As a result, the Commission approved the Citywide Service Solutions Enterprise Agreement 2024. This decision ensures that the terms and conditions of employment for the employees are legally compliant and appropriately reflect the negotiated outcomes between the employer and the union.

Citywide Service Solutions Pty Ltd T/A Citywide Service Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established