DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Swan
(AG2015/6486)

CITY OF SWAN WASTE/RECYCLING SERVICES ENTERPRISE AGREEMENT MARCH 2015 - 2018

Local Government Administration
COMMISSIONER LEE	MELBOURNE, 19 NOVEMBER 2015

Application for approval of the City of Swan Waste/Recycling Services Enterprise Agreement March 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the City of Swan Waste/Recycling Services Enterprise Agreement March 2015 - 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2015. The nominal expiry date of the Agreement is 18 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the City of Swan sought approval of an Enterprise Agreement for its Waste/Recycling Services Enterprise. The City of Swan Waste Management and Recycling Union was the respondent in this matter. The dispute centred around whether the terms and conditions proposed in the Enterprise Agreement met the requirements of the Fair Work Act 2009. The court had to determine whether the agreement was fairly negotiated, covered all necessary terms, and was in the best interest of the employees.

The primary legal issues involved whether the agreement was genuinely negotiated between the parties, if it covered all required terms, and if it was in the best interest of the employees. The court also had to consider if the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The City of Swan argued that the proposed agreement was a result of genuine negotiations and covered all necessary terms, while the Union contended that certain provisions did not adequately protect employee interests.

The Fair Work Commission found that the agreement was indeed the result of genuine negotiations and covered all required terms. The Commission determined that the agreement was in the best interest of the employees, taking into account the need for a fair and efficient waste management and recycling service. The court found that the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Consequently, the Commission approved the City of Swan Waste/Recycling Services Enterprise Agreement March 2015 - 2018.

The Fair Work Commission granted approval of the City of Swan Waste/Recycling Services Enterprise Agreement March 2015 - 2018, subject to the terms and conditions outlined in the agreement.

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