City of Swan

[2014] FWCA 1121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Swan
(AG2014/3458)

COLLECTIVE AGREEMENT 2013-2016 PARKS, BUILDING AND ENGINEERING

Local government administration
COMMISSIONER WILLIAMS	PERTH, 17 FEBRUARY 2014

Application for approval of the Collective Agreement 2013-2016 Parks, Building and Engineering.

[1] An application has been made for approval of an enterprise agreement known as the Collective Agreement 2013-2016 Parks, Building and Engineering (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the City of Swan. The Agreement is a single-enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Western Australian, Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities Water Boards Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Swan has applied to the Fair Work Commission for approval of the Collective Agreement 2013-2016 Parks, Building and Engineering. The City of Swan is the applicant, and the Public Service Association of Western Australia is the respondent. The nature of the dispute is regarding the terms and conditions of employment for employees within the parks, building, and engineering departments of the City of Swan.

The legal issues that the Fair Work Commission had to decide include whether the proposed agreement complies with the Fair Work Act 2009, whether it meets the requirements of the Fair Work (Registered Organisations) Act 2009, and whether it provides for the fair treatment of employees. Additionally, the Commission had to consider whether the agreement provides for the resolution of workplace disputes and whether it promotes productivity and efficiency within the workplace.

In reaching its decision, the Commission considered the provisions of the proposed agreement, the evidence presented by both parties, and the relevant legislative framework. The Commission found that the proposed agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The Commission also found that the agreement provides for the fair treatment of employees and promotes productivity and efficiency within the workplace. Furthermore, the Commission found that the agreement provides for the resolution of workplace disputes through a clear and effective dispute resolution process.

Based on the above findings, the Fair Work Commission approved the Collective Agreement 2013-2016 Parks, Building and Engineering. The agreement will now be binding on all employees within the parks, building, and engineering departments of the City of Swan, as well as the City of Swan itself. The approval of the agreement ensures that employees within these departments will have a clear understanding of their rights and obligations, as well as the processes for resolving workplace disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established