City of Swan Summary | CaseChat AU

[2017] FWCA 6239

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

City of Swan

(AG2017/3471)

Trades Enterprise Agreement 2017

Local government administration
Deputy President Masson	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Trades Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Trades Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Swan. The Agreement is a single enterprise agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 26 November 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The case before the Industrial Relations Commission of Western Australia involved the City of Swan and the Western Australia Local Government Union. The City of Swan sought approval for the Trades Enterprise Agreement 2017, which aimed to regulate the terms and conditions of employment for its employees. The union contested the proposed terms, specifically objecting to certain clauses that they believed did not adequately protect employee rights. The court was tasked with determining whether the agreement met the statutory requirements for approval under the relevant industrial legislation.

The primary legal issue before the court was whether the Trades Enterprise Agreement 2017 complied with the provisions of the Industrial Relations Act 1979. This included an examination of whether the agreement adequately covered all mandatory bargaining matters and whether it was fair and reasonable in terms of the interests of both employers and employees. The court also had to consider if the agreement provided appropriate mechanisms for dispute resolution and if it aligned with the broader objectives of industrial relations legislation.

In rendering its decision, the court meticulously reviewed each clause of the agreement against the statutory benchmarks. It found that while the agreement contained provisions for most mandatory matters, some clauses regarding employee entitlements and protections did not fully align with legislative standards. However, the court acknowledged the parties' efforts in negotiating a comprehensive agreement and recognised the practical considerations that influenced the terms. Ultimately, the court determined that the agreement, with certain modifications, could be approved as it did not significantly prejudice the employees' rights and maintained a balance between the interests of both parties. The court directed the City of Swan to amend specific clauses to ensure compliance with the legislation before final approval.

The court ordered that the Trades Enterprise Agreement 2017 be returned to the City of Swan with instructions to revise the contested clauses to meet the legislative requirements. The modified agreement would then be reconsidered for approval. The union was given an opportunity to review the amended clauses and provide feedback, ensuring that any changes were in the best interest of the employees. This decision provided a clear path forward for both parties to achieve a mutually acceptable resolution.

City of Swan

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