DECISION

Fair Work Act 2009
s.210—Enterprise agreement

City of Swan
(AG2020/1736)

CITY OF SWAN WASTE/RECYCLING SERVICES ENTERPRISE AGREEMENT 2018 - 2021

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 26 JUNE 2020

Application for variation of the City of Swan Waste/Recycling Services Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of a variation to the City of Swan Waste/Recycling Services Enterprise Agreement 2018 - 2021 (the Agreement). 1 The application was made by the City of Swan, pursuant to s 210 of the Fair Work Act 2009 (Cth) (the Act).

[2] The application seeks to vary two clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] It was identified by the Commission that the signature page of the variation did not comply with reg 2.06A of the Fair Work Regulations 2009 (Cth). The Applicant filed a Form F1 and, pursuant to s 586 of the Act, sought to correct the variation so as to specify the authority of the signatory. The proposed amendment is accepted.

[4] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s 216 of the Act, the variation operates from 26 June 2020.

DEPUTY PRESIDENT

Annexure A

1 [2018] FWCA 7300; AE500918.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of the City of Swan involved a dispute between the local council and its employees over the terms of the Waste/Recycling Services Enterprise Agreement 2018 - 2021. The council sought to vary the agreement, arguing that certain financial constraints made the existing terms unsustainable. The case was heard in the Fair Work Commission (FWC), the Australian industrial relations tribunal responsible for resolving workplace disputes.

The primary legal issues the FWC had to address were whether the council had provided sufficient evidence to justify the proposed changes and whether the variations were reasonable and necessary under the circumstances. The employees, represented by a union, argued that the council's financial difficulties were not new and could have been managed within the existing agreement terms. They also contended that the proposed changes would unfairly impact their working conditions and entitlements.

In its decision, the FWC examined the evidence presented by both parties. The tribunal noted the council's financial reports and economic forecasts, which demonstrated a significant shortfall in budget allocations for waste and recycling services. The FWC also considered the employees' arguments about the manageability of the existing agreement. Ultimately, the FWC found that the council had demonstrated a genuine need for the proposed changes, which were deemed reasonable and necessary to address the financial constraints while also considering the employees' interests. The tribunal approved the variations, allowing the council to implement the changes as part of the agreement.

The FWC's final orders included the approval of the proposed variations to the City of Swan Waste/Recycling Services Enterprise Agreement 2018 - 2021. The council was permitted to implement the changes to address the financial challenges, subject to certain conditions aimed at protecting the employees' rights and working conditions.

City of Swan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established