Country Fire Authority

[2014] FWCA 7921

[2014] FWCA 7921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Country Fire Authority
(AG2014/9604)

CFA DISTRICT MECHANICAL OFFICERS AND TOWER OVERSEERS AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 7 NOVEMBER 2014

Application for approval of the CFA District Mechanical Officers and Tower Overseers Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CFA District Mechanical Officers and Tower Overseers Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Country Fire Authority. The agreement is a single-enterprise agreement.

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the bargaining representatives with respect to these undertakings and both the Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Firefighters’ Union of Australia (UFUA) support the undertakings.

[4] Subject to the undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The ASU and UFUA, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the ASU and UFUA.

[6] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 14 November 2014. The nominal expiry date of the Agreement is 13 November 2017.

COMMISSIONER

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APPENDIX A

APPENDIX B