Australian Capital Territory
[2024] FWCA 3916
•11 NOVEMBER 2024
| [2024] FWCA 3916 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Australian Capital Territory
(AG2024/4006)
ACT PUBLIC SECTOR ACT FIRE & RESCUE ENTERPRISE AGREEMENT 2024-2026
| State and Territory government administration | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 11 NOVEMBER 2024 |
Application for approval of the ACT Public Sector ACT Fire & Rescue Enterprise Agreement 2024-2026.
An application has been made for approval of an enterprise agreement known as the ACT Public Sector ACT Fire & Rescue Enterprise Agreement 2024-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Capital Territory. The Agreement is a single enterprise agreement.
One employee bargaining representative objected to the approval of the Agreement on the grounds that his views were disregarded during the bargaining process and that employees will not be better off overall by comparison to the previous enterprise agreement.
I have considered these matters, however 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. The test as to whether employees are better off overall is a comparison with the relevant award and not the previous enterprise agreement, and it is clear that a majority of employees have voted in favour of the Agreement.
The United Firefighters’ Union of Australia, 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) I note that the Agreement covers the organisation.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 18 November 2024. The nominal expiry date of the Agreement is 30 June 2026.
DEPUTY PRESIDENT
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