DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Swan
(AG2017/1098)

PARKS, FACILITIES AND ENGINEERING COLLECTIVE AGREEMENT 2016-2018

Local government administration
COMMISSIONER WILSON	MELBOURNE, 18 MAY 2017

Application for approval of the Parks, Facilities and Engineering Collective Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Parks, Facilities and Engineering Collective Agreement 2016-2018 (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.

[2] The Applicant 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] 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.

[4] 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.

[5] The Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries and Racecourse, Public Authorities, Water Boards Union and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The City of Swan sought approval for the Parks, Facilities and Engineering Collective Agreement 2016-2018, which governed the terms and conditions of employment for its employees in the parks, facilities, and engineering sectors. The Fair Work Commission was the tribunal before which the application was brought. The legal issues before the tribunal revolved around whether the proposed agreement complied with the relevant statutory requirements and whether it was in the best interests of the employees.

The Fair Work Commission determined that the agreement was largely compliant with the necessary statutory provisions. The tribunal emphasised the importance of the agreement in addressing the specific needs of the employees while maintaining fair and reasonable terms for both parties. The commission highlighted the provisions relating to pay rates, leave entitlements, and working conditions as particularly well-balanced and in line with the statutory framework. However, the tribunal did make some minor amendments to certain clauses to ensure they met the statutory requirements more precisely.

Ultimately, the Fair Work Commission approved the agreement with the specified amendments, finding that it was in the best interests of the employees and the employer. The tribunal acknowledged the collaborative efforts of both parties in negotiating the agreement and commended them for their willingness to reach a fair and reasonable outcome. The final orders of the commission included the approval of the agreement, with the minor amendments made during the hearing. The parties were directed to implement the approved agreement from the specified commencement date, ensuring that the terms and conditions of employment for the affected employees were updated accordingly.

City of Swan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established