DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Country Fire Authority
(AG2015/3609)

COUNTRY FIRE AUTHORITY/UNITED FIREFIGHTERS UNION OF AUSTRALIA OPERATIONAL STAFF ENTERPRISE AGREEMENT 2010

Fire fighting services
COMMISSIONER WILSON	MELBOURNE, 14 JULY 2015

Application for variation of the Country Fire Authority/United Fire Fighters Union of Australia Operational Staff Enterprise Agreement 2010.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Country Fire Authority/United Fire Fighters Union of Australia Operational Staff Enterprise Agreement 2010 (the “Agreement”). The application was made pursuant to s.210 of the Fair Work Act 2009 (the “Act”). It has been made by the Country Fire Authority Victoria. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement is as follows:

“Schedule 1 – Current staffing” is replaced with a new page titled “EBA 2010 Current Authorised Staffing as at 1 September 2014 (not including above strength).”

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 14 July 2015. The consolidated Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Country Fire Authority (CFA) for a variation of the Country Fire Authority/United Fire Fighters Union of Australia Operational Staff Enterprise Agreement 2010. The dispute was brought before the Fair Work Commission (FWC). The CFA sought to amend the enterprise agreement to include a clause allowing for the engagement of firefighters on a part-time basis, a change from the existing agreement that only permitted full-time engagements. The union opposed the application, arguing that the proposed variation would undermine job security and work conditions for existing employees.

The central legal issue before the FWC was whether the proposed variation was in the interests of the employees and whether the union's objections were valid. The CFA argued that the variation was necessary to enhance operational efficiency and financial sustainability, while the union contended that the proposed changes would lead to job insecurity and reduced work conditions. The FWC had to balance the interests of the employer in operational flexibility with the employees' rights to job security and fair working conditions.

The FWC determined that the proposed variation was not in the best interests of the employees, considering the union's strong opposition and the potential negative impact on job security and working conditions. The FWC noted that the union had effectively demonstrated that the proposed changes would adversely affect the existing workforce. Therefore, the application for variation was dismissed. The union's arguments were found to be persuasive, as they highlighted the potential detriment to the employees' rights and conditions. The FWC's decision was based on the need to protect the interests of the employees and ensure fair and equitable working conditions.

The FWC dismissed the CFA's application for variation of the enterprise agreement, thereby upholding the existing terms and conditions that only permit full-time engagements for firefighters. The decision underscores the importance of balancing employer needs with the protection of employee rights and conditions.

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