DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Citywide Service Solutions T/A Citywide
(AG2018/5096)

CITYWIDE SERVICE SOLUTIONS NULLARBOR ENTERPRISE AGREEMENT 2018

Local government administration
COMMISSIONER BISSETT	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Citywide Service Solutions Nullarbor Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Citywide Service Solutions Nullarbor Enterprise Agreement 2018 (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 T/A Citywide. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Citywide Service Solutions T/A Citywide applied to the Fair Work Commission for the approval of the Citywide Service Solutions Nullarbor Enterprise Agreement 2018. The applicant was a provider of cleaning and maintenance services, while the respondents were the employers and the union representing the employees. The dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues were whether the agreement provided for fair and reasonable terms and conditions, and if it contained the necessary minimum entitlements. The Commission had to consider if the agreement was made in good faith and if it complied with the provisions of the Act, particularly regarding minimum rates of pay, penalty rates, and other entitlements. The respondents argued that the agreement failed to provide for adequate minimum rates, while the applicant maintained that the agreement was fair and reasonable.

The Fair Work Commission found that while the agreement generally provided for fair and reasonable terms and conditions, it did not comply with the minimum rate requirements in some aspects. The Commission identified that certain positions in the agreement did not meet the minimum pay rates as stipulated by the Fair Work Act. However, the Commission also noted that the agreement contained provisions that went beyond the minimum entitlements, such as additional leave provisions and other benefits. The Commission approved the agreement with modifications to ensure compliance with the minimum rate requirements.

The Fair Work Commission ordered that the Citywide Service Solutions Nullarbor Enterprise Agreement 2018 be approved with the modifications necessary to ensure compliance with the Fair Work Act 2009, particularly in relation to the minimum rates of pay. The modifications included adjustments to certain pay rates to align with the minimum requirements and the retention of other provisions that provided for fair and reasonable terms and conditions. The agreement was to be approved as a registered agreement, subject to these modifications.

Citywide Service Solutions 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