Country Fire Authority T/A Country Fire Authority
[2022] FWCA 2633
•3 AUGUST 2022
| [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
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Annexure A
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