Country Fire Authority T/A Country Fire Authority

[2024] FWCA 4271

[2024] FWCA 4271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Country Fire Authority T/A Country Fire Authority

(AG2024/3930)

COUNTRY FIRE AUTHORITY DISTRICT MECHANICAL OFFICERS AND TOWER OVERSEERS AGREEMENT 2024

Fire fighting services
COMMISSIONER ALLISON	MELBOURNE, 5 DECEMBER 2024

Application for approval of the Country Fire Authority District Mechanical Officers and Tower Overseers Agreement 2024

1. The Country Fire Authority (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the Country Fire Authority District Mechanical Officers and Tower Overseers Agreement 2024 (the Agreement).

1. The Australian Municipal, Administrative, Clerical and Services Union (ASU) and United Firefighters’ Union of Australia (UFU) being bargaining representatives for the Agreement, have each 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 ASU and the UFU.

1. The agreement title on the Notice of Employee Representational Rights (NERR) that was issued to the employees was the “Country Fire Authority District Mechanical Officers and Tower Overseers Agreement 2023” which does not match the title of the Agreement to be approved. I am satisfied that this was a minor procedural or technical error and that the employees were not likely to have been disadvantaged by it. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors. 

1. The following provision may be inconsistent with the National Employment Standards (NES):  
   
   

   ·  Clause 26.2 of the Agreement provides that the Melbourne Cup Day public holiday may be substituted for another day by mutual agreement between the employer and the majority of employees in the regional area concerned. This appears to be inconsistent with s.115(3) of the Act which provides that such substitution may only occur by agreement between the employer and an employee.
    

2. However, noting the NES precedence undertaking provided by the Employer, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking 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 undertaking is taken to be a term of the agreement. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2024. The nominal expiry date of the Agreement is 6 March 2028. 

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A