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

[2023] FWCA 714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Citywide Services Solutions Pty Ltd T/A Citywide Service Solutions

(AG2023/366)

Citywide Service Solutions Enterprise Agreement 2022

Local government administration
DEPUTY PRESIDENT BELL	MELBOURNE, 6 MARCH 2023

Application for approval of the Citywide Service Solutions Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Citywide Service Solutions Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Citywide Services Solutions Pty Ltd T/A Citywide Service Solutions. The Agreement is a single enterprise agreement.

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. Pursuant to s.201(3), 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 Agreement was approved on 6 March 2023 and, in accordance with s.54 of the Act, will operate from 13 March 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Citywide Services Solutions Pty Ltd trading as Citywide Service Solutions, applied for the approval of the Citywide Service Solutions Enterprise Agreement 2022. The applicant sought to have the agreement made under the Fair Work Act 2009, approved as a registered agreement, subject to the relevant conditions and requirements set out in the Act. The dispute centred around the terms and conditions of employment for the employees covered by the proposed agreement.

The legal issues before the court involved determining whether the agreement met the statutory requirements for approval under the Fair Work Act. This included assessing whether the agreement had been made in good faith, whether it provided for minimum entitlements that complied with the safety net, and whether it had been appropriately negotiated. Furthermore, the court needed to consider whether the agreement provided for the proper representation of employees and whether it contained provisions that were necessary for the efficient operation of the enterprise.

The court found that the application met all the statutory requirements for approval. The agreement was made in good faith and provided for minimum entitlements that were not less favourable than the safety net. The court was satisfied that the agreement had been negotiated appropriately and that it provided for the proper representation of employees. Additionally, the court noted that the provisions of the agreement were necessary for the efficient operation of the enterprise. As such, the court approved the agreement as a registered agreement, subject to the relevant conditions and requirements set out in the Fair Work Act.

No further orders were made.

Citywide Services 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