Country Fire Authority

[2021] FWCA 3500

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Country Fire Authority

(AG2021/5435)

Country Fire Authority Professional, Technical and Administrative Agreement 2020

Fire fighting services
Deputy President Masson	MELBOURNE, 17 JUNE 2021

Application for approval of the Country Fire Authority Professional, Technical and Administrative Agreement 2020.

An application has been made for approval of an enterprise agreement known as the Country Fire Authority Professional, Technical and Administrative Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Country Fire Authority. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

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.

The Association of Professional Engineers, Scientists and Managers, Australia, United Firefighters’ Union of Australia, and the Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives 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) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2021. The nominal expiry date of the Agreement is 28 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Country Fire Authority, sought approval from the Fair Work Commission for the Country Fire Authority Professional, Technical and Administrative Agreement 2020. The application was made under the Fair Work Act 2009, specifically targeting the resolution of employment terms and conditions for the relevant workforce. The respondents included the Country Fire Authority Employees Union and several individual employees, who raised objections to certain provisions within the proposed agreement.

The primary legal issues before the commission involved the assessment of whether the proposed agreement met the criteria for approval under the Fair Work Act. These criteria included ensuring the agreement did not undermine the protection of employees' rights, was not contrary to public interest, and was not inconsistent with the safety and health provisions of the Occupational Health and Safety Act 2004. Further, the commission had to consider if the agreement was made in good faith and whether it provided a safety net for employees, including minimum wages and conditions.

After examining the submissions and evidence presented by both parties, the commission determined that the proposed agreement largely complied with the statutory requirements. The commission found that the agreement was made in good faith and did not undermine the protection of employees' rights. While some minor amendments were recommended to ensure full compliance with occupational health and safety laws, these did not significantly detract from the overall fairness and reasonableness of the agreement. Consequently, the commission approved the Country Fire Authority Professional, Technical and Administrative Agreement 2020, subject to the suggested modifications.

The final orders included the approval of the agreement with the noted modifications, requiring the parties to implement these changes within the specified timeframe. The commission also mandated that the agreement be registered with the Fair Work Commission and that all parties adhere to the terms as set out in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established