Citywide Service Solutions Pty Ltd Summary

[2014] FWCA 1436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citywide Service Solutions Pty Ltd
(AG2014/3651)

CITYWIDE SERVICE SOLUTIONS NULLARBOR ENTERPRISE AGREEMENT 2013

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 27 FEBRUARY 2014

Application for approval of the Citywide Service Solutions Nullarbor Enterprise Agreement 2013.

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

[2] In accordance with s.190 of the Act I sought undertakings from the employer with respect to the Agreement. I have accepted the undertakings provided.

[3] In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached as an annexure to this decision.

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

[5] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2), I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 6 March 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Citywide Service Solutions Pty Ltd applied to the Fair Work Commission for the approval of the Nullarbor Enterprise Agreement 2013. The respondents to the application were the Australian Manufacturing Workers Union and several individual employees of Citywide Service Solutions. The application was made under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Commission to be legally binding.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act and whether it was a "better off overall" test. The Commission needed to determine whether the agreement provided employees with terms and conditions that were at least as good as the relevant award or safety net and whether it provided employees with a reasonable opportunity to be consulted about the agreement's terms. The Commission also had to consider whether the agreement contained any provisions that were contrary to public policy.

The Commission found that the Nullarbor Enterprise Agreement 2013 met the legal requirements under the Fair Work Act. It provided employees with terms and conditions that were at least as good as the relevant award or safety net and provided employees with a reasonable opportunity to be consulted about the agreement's terms. The Commission also found that the agreement did not contain any provisions that were contrary to public policy. Therefore, the Commission approved the Nullarbor Enterprise Agreement 2013, and it became a legally binding contract between the parties.

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