DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Country Fire Authority
(AG2018/5871)

CFA DISTRICT MECHANICAL OFFICERS AND TOWER OVERSEERS AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the CFA District Mechanical Officers and Tower Overseers Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the CFA District Mechanical Officers and Tower Overseers Agreement 2018 (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] On the basis of 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 and the United Firefighters’ Union of Australia, 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 19 February 2019 and, in accordance with s 54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 10 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Country Fire Authority (CFA) applied to the Fair Work Commission for approval of the CFA District Mechanical Officers and Tower Overseers Agreement 2018. The applicants were the CFA and the United Firefighters Union of Australia (UFU). The dispute centred on the classification of roles within the CFA, specifically those of District Mechanical Officers and Tower Overseers, and the associated terms and conditions of employment. The matter was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over matters involving workplace relations and employment agreements in Australia.

The primary legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the classification of roles and the associated terms and conditions. The Commission needed to consider if the agreement met the requirements for good faith bargaining and if the roles were appropriately classified according to the award or agreement under which they were covered. Additionally, the Commission had to assess whether the proposed changes to the roles and conditions were reasonable and fair, and if they complied with the principles of the Fair Work Act.

The Commission found that the proposed agreement was made in good faith and that the roles of District Mechanical Officers and Tower Overseers were appropriately classified. The Commission considered that the changes to the roles and conditions were reasonable and fair, and that the agreement complied with the principles of the Fair Work Act. The Commission approved the CFA District Mechanical Officers and Tower Overseers Agreement 2018, noting that the agreement provided for a fair and reasonable outcome for both parties and would contribute to the efficient operation of the CFA. The approval took effect from the date of the Commission's decision.

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