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.

[1] 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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, the Country Fire Authority (CFA), sought approval from the Fair Work Commission of the Country Fire Authority Professional, Technical and Administrative Agreement 2020. The respondent, United Firefighters Union of Australia, opposed the application. The dispute centred on the proposed classification of certain employees within the agreement and the implications of these classifications on the employees' entitlements and conditions of employment.

The central legal issue was whether the classifications proposed in the agreement were consistent with the relevant legislative framework, including the Fair Work Act 2009. Specifically, the court had to determine if the classifications complied with the provisions relating to the determination of classification disputes and the protection of employees' rights. Additionally, the court needed to consider whether the agreement provided adequate protections for employees and if the process leading to the agreement was fair and transparent.

In delivering its decision, the Fair Work Commission found that the proposed classifications were consistent with the legislative requirements. The Commission concluded that the process leading to the agreement was fair and that the agreement provided appropriate protections for employees. The Commission noted that the classifications were based on a thorough analysis of job roles and responsibilities, and that the agreement reflected the unique nature of the CFA's operations. Consequently, the Commission approved the application, allowing the Country Fire Authority Professional, Technical and Administrative Agreement 2020 to proceed.

The final orders of the Commission included the approval of the agreement, with specific conditions to ensure ongoing compliance with the Fair Work Act and to facilitate any necessary adjustments to the classifications in light of future operational changes within the CFA. The Commission also directed that any disputes arising from the application of the agreement would be resolved through the existing dispute resolution mechanisms.

Country Fire Authority

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established