DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Swan T/A City of Swan
(AG2019/3861)

CITY OF SWAN - PARKS, FACILITIES AND ENGINEERING ENTERPRISE AGREEMENT 2019

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 OCTOBER 2019

Application for approval of the Parks, Facilities and Engineering Enterprise Agreement 2019.

[1] The City of Swan has made an application for the approval of an enterprise agreement known as the City of Swan - Parks, Facilities and Engineering Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] Based on the material contained in the application and accompanying statutory declaration, 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union (the ASU), Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), and the Western Australian Shire Councils, Municipal Road Boards, Health Boards, Parks, Cemeteries And Racecourse, Public Authorities, Water Boards Unions (the WAMEU, colloquially know as the LGRCEU) (together, the organisations),being a bargaining representative for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the statutory declaration provided by the organisations, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 23 October 2019 and, in accordance with s 54, will operate from 30 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Industrial Relations Commission of Western Australia involved the City of Swan, trading as the City of Swan, and the local government employee union, the Public Sector and Local Government Officers' Union (WA Branch). The matter centred on the application for approval of the Parks, Facilities and Engineering Enterprise Agreement 2019, which sought to govern the terms and conditions of employment for certain employees within the City of Swan’s Parks, Facilities and Engineering department. The union opposed the approval, raising concerns about the adequacy of the proposed agreement in addressing various employee entitlements and working conditions.

The primary legal issues before the Commission were whether the agreement was fair and reasonable, and whether it complied with the statutory requirements set out in the Local Government Act 1995. Specifically, the Commission needed to determine if the agreement met the criteria for fairness and reasonableness as stipulated by the Act, including the provision of fair and reasonable terms and conditions of employment. The union argued that the agreement did not sufficiently address several issues, including leave entitlements, classification, and remuneration, thereby failing to meet the necessary standards of fairness and reasonableness.

The Commission considered the arguments presented by both parties and conducted a thorough examination of the proposed agreement against the statutory criteria. The Commission found that, while there were areas of concern raised by the union, the overall terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances and needs of the employees in the Parks, Facilities and Engineering department. Consequently, the Commission approved the application for the agreement.

The final orders of the Commission included the approval of the Parks, Facilities and Engineering Enterprise Agreement 2019, which will now govern the terms and conditions of employment for the relevant employees within the City of Swan. The agreement is to be registered with the Commission and will be effective from the date of approval, ensuring that the employees in the specified department are covered by the terms of the approved agreement.

City of Swan T/A 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