Country Fire Authority T/A Country Fire Authority

[2022] FWCA 2633

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Country Fire Authority T/A Country Fire Authority

(AG2022/2459)

CFA District Mechanical Officers and Tower Overseers Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 3 AUGUST 2022

Application for approval of the CFA District Mechanical Officers and Tower Overseers Agreement 2022

Country Fire Authority T/A Country Fire Authority (the Employer) has made an application for approval of an enterprise agreement known as the CFA District Mechanical Officers and Tower Overseers Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

I observe that clause 23.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the United Firefighters’ Union of Australia (UFUA), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.

The Agreement was approved on 3 August 2022 and, in accordance with s 54, will operate from 10 August 2022. The nominal expiry date of the Agreement is 10 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Country Fire Authority T/A Country Fire Authority, the Australian Industrial Relations Commission was presented with an application for the approval of the CFA District Mechanical Officers and Tower Overseers Agreement 2022. The application was brought forth by the Country Fire Authority, who sought to formalise the agreement terms governing the employment conditions of mechanical officers and tower overseers within their districts. This decision is pertinent to the employment relations within the fire service sector, highlighting the Commission's role in ensuring fair and balanced industrial agreements.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly focusing on whether it met the criteria for being a single-enterprise agreement, covered the specified employees, and provided for fair and reasonable terms and conditions. Additionally, the Commission considered whether the agreement contained any terms that could be deemed contrary to the public interest or the essential services guarantee.

The Commission examined the application and the proposed agreement in detail. It was noted that the agreement was proposed in good faith and was not likely to have a detrimental effect on the efficient operation of the CFA. The Commission found that the agreement covered a defined group of employees, complied with the statutory requirements, and did not include terms that were contrary to the public interest. Consequently, the Commission approved the CFA District Mechanical Officers and Tower Overseers Agreement 2022. The approval ensures that the agreement's terms and conditions will be legally binding and enforceable, providing clarity and certainty for both the CFA and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established