City of Swan

[2017] FWCA 2723

[2017] FWCA 2723

FAIR WORK COMMISSION

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

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Annexure A