DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Swan
(AG2021/5547)

TRADES ENTERPRISE AGREEMENT 2020

Local government administration
DEPUTY PRESIDENT BEAUMONT	PERTH, 23 JUNE 2021

Application for approval of the Trades Enterprise Agreement 2020.

[1] The City of Swan has made an application for the approval of an enterprise agreement known as the Trades Enterprise Agreement 2020 (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] 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 23 June 2021and, in accordance with s 54, will operate from 30 June 2021. The nominal expiry date of the Agreement is 23 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the City of Swan sought approval for the Trades Enterprise Agreement 2020. The applicant, an employer, wished to implement the agreement, which sets out terms and conditions for tradespeople employed by the City of Swan. The application was brought before the Fair Work Commission, which was tasked with deciding whether the agreement complied with the necessary legal standards.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and equitable terms and conditions, and whether it adhered to the procedural requirements outlined in the Act. The Commission also had to consider whether the agreement would have a detrimental effect on the employees involved.

After reviewing the submissions and evidence provided by both parties, the Commission found that the Trades Enterprise Agreement 2020 was compliant with the relevant legal standards. The Commission noted that the agreement included provisions for minimum wage rates, leave entitlements, and other conditions that were fair and reasonable. Additionally, the Commission was satisfied that the agreement had been negotiated in good faith and that the process for its development had been fair and transparent. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Trades Enterprise Agreement 2020, finding that it met the necessary legal standards and would not have a detrimental effect on the employees involved. The Commission's decision was based on its assessment of the agreement's terms and conditions, as well as the process by which it was developed. The approval of the agreement allows the City of Swan to implement the new terms and conditions for tradespeople employed by the council.

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